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PATENTS 

TRADEMARKS DESIGNS 

COPYRIGHTS 



BY 

B. SINGER 

CHICAGO 



SECOND EDITION 



Price, $2.50 



CHICAGO, SEPTEMBER, I907 






GEO. D. CI.OUGHER & CO. 

Printers and Binders 

Chicago 



62^ 



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PREFACE 

The o1)ject of the writer has been to compile a book for the 
sole use of solicitors and patent attorneys and to place before 
them in a compact and succinct form, capable of quick refer- 
ence, such matters concerning requirements, regulations and 
routine work appertaining to domestic and foreign patents, 
trademarks, designs and copyrights as constitute the subject 
of everyday questions in the offices of the profession. 

This book has been divided into two parts : 

Part I has been devoted to the regulations and requirements 
for domestic and foreign applications for patents, trademarks, 
designs ?<nd copyrights. 

The information contained in its pages has been carefully 
checked from ofHcia] information and every effort has been 
made to convey to attorneys a clear impression of the require- 
ments of each country. 

Part II is confined to the patent and trademark laws of the 
United States of America, Dominion of Canada, Newfound- 
land, the Spanish-American Republics, Brazil and the Republic 
of Haiti. 

B. Singer. 
Chicago, Illinois, 

September, 1907. 



ARGENTINE REPUBLIC. 

PATENTS. 

Term. — Five, ten or fifteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Legalized power of attorney; specification in 
duplicate. Where foreign patent exists the number and date of 
same must be furnished. When the application is in the name of 
the assignee, the power of attorney must be signed by assignor 
and assignee. Drawings in duplicate, two on tracing cloth and 
one on bristol board, size 8Jxl3 inches. 

Taxes. — $20 annually from date of grant, whether the term of 
the patent is five, ten or fifteen years. 

Working. — Working in Argentine Eepublic must be proven 
within two years after issuance of patent and must be real and 
effective; cost $75. 

Assignment. — Preparing and recording, including consular fee, 
$25. 

TRADE MARKS. 

Duration. — Ten years, may be extended. 

Requirements. — Spanish power of attorney legalized by the Ar- 
gentine Consul ; seven facsimiles of mark ; and one electrotype. 

COPYRIGHTS. 

'No law exists for the protection of copyrights. 

DESIGNS. 

No law exists for the protection of designs. 



COMMONWEALTH OF AUSTRALIA. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — (1) The actual inventor or inventors. (2) The 
assignee or assignees, agent or agents, attorney or attorneys, nom- 
inee or nominess of the actual inventor or inventors, providing 
that the said agents, attorneys or nominees are resident in 
Australia. (3) The actual inventor or inventors jointly with an 
assignee or assignees of a part or share in the invention. (4) 
Any person within the Commonwealth to whom an invention has 



2 Commonwealth of Australia 

been cominiinicated by the actual inventor or inventors, or the 
assignee or assignees of same, provided that the said inventor or 
inventors, assignee or assignees, do not reside in Australia. 

Requirements.— For a ''communicated" application: (1) Com- 
munication, one copy signed by the inventor and a witness. Any 
form. (2) Specification, eight copies, unsigned. Carbons are 
flatly refused. (3) Drawings. For an application by inventor 
or inventors: (1) Statement of address and appointment of at- 
torney, one copy signed by the applicant or applicants. (2) 
Application, one copy signed by applicant or applicants in the 
presence of a witness for each signature. (3) Specification, 
eight copies. (4) Drawings. For an application by an assignee: 
(1) A special application form is required. The assignment 
from the inventor or inventors should be provided. For an appli- 
cation by a company: A special application form is required. 
The assignments from the inventor or inventors should be pro- 
vided. Attempts to file any description of "carboned" copies of 
documents meet with instant rejection. 

Drawings: Two copies must be prepared on white Imperial 
drawing paper, and one copy on tracing cloth, and a fourth copy 
on any paper for our use. Sheets larger or smaller than 13 inches 
high or 8 inches wide will be rejected. If the invention neces- 
sitates large drawings they must be drawn in sections on detached 
13x8 inch sheets. The number of these may be unlimited. The 
margin must be a single line drawn half an inch all around from 
the edge. The reference letters must not be smaller than one- 
eighth of an inch in height. Best jet black glossy Indian ink 
must be used. Only the best of good lithographs will be accepted. 
Section lines must not be draw^ closer together than 30 per 1 inch. 
Taxes.— $35, payable before the end of the 7th year. If never- 
theless in any case, by accident, mistake or inadvertence, a patentee 
fails to pay the renewal fee within the prescribed time, he may 
apply to the Commissioner for an enlargement of the time for 
making that payment. Thereupon the Commissioner shall, if 
satisfied that the failure has arisen from any of the above-men- 
tioned causes, on receipt of the prescribed fee for enlargement, of 
for a period not exceeding three months not more than two pounds 
and a proportionate fee for each additional month not exceeding 
in all the period of a year and the sum of eight pounds, enlarge 
the time accordingly. 



Austria 3 

Working. — It is not necessary to officially prove working, but 
anyone interested may within two years of the granting of the pat- 
ent apply for a compulsory license, if he can prove the patent is 
not being worked for the benefit of the Commonwealth. 

Assignment. — Preparing and recording assignment, $25. 

TRADE MARKS. 

Duration. — Fourteen years, renewable. 

Requirements. — Form of application B ; appointment of agent ; 
seven facsimiles of the mark; and an electrotype not exceeding 
two inches square. 

COPYRIGHTS. 

No law exists for the protection of copyrights. 

DESIGNS. 

No law exists for the protection of designs. 



AUSTRIA. 

PATENTS. 



Term. — Fifteen years. 

Applicant. — ^^Inventor or his assignee. 

Requirements. — Power of attorney; specification in duplicate 
in German; drawings in duplicate, one copy on bristol-board and 
one on tracing cloth. The bristol-board copy must be in good 
black ink, with no colors or washes. Any of these sizes is allow- 
able: (a) 13x8J inches; (b) 13xl6J inches; (c) 13x24f inches, 
including a margin of f of an inch all around and J inch blank 
inside margin at the top. The drawings must read upright on the 
sheet; that is, the 13 inches must always be the height. 

Taxes. — Cost, including agency fees (from grant of patent) ; 
2nd year, $16; 3rd year, $22; 4th year, $25; 5th year, $28; 6th 
year, $34; 7th year, $50; 8th year, $55; 9th year, $67; 10th 
year, $75; 11th year, $90; 12th year, $120; 13th year, $140; 14th 
year, $170; 15th year, $190. 

Three months extension of time for tax payment, $2.50. 

Working. — Must be proved within three years from the grant 
of the patent, and then annually. Cost, including manufactur- 
ing expenses, $55. 



4 Austria 

Assignment. — For preparing and recording assignments, in- 
cluding consular fee, $18. 

TRADE MARKS. 

Duration. — Ten years, renewable for like periods. 

Requirements. — Certified copy of home registration, legalized by 
Austro-Hungarian Consul; power legalized; twelve facsimiles of 
the mark ; two electrotypes ; each trade mark must be registered 
in Vienna and Budapest. 

COPYRIGHTS. 

The protection granted is for the life of the author and thirty 
years after his death. The prolongation of anonymous works is 
thirty years. Cost of the same is $25. 

DESIGNS. 

What May Be Protected. — The Imperial Decree of December 7, 
1858, defines the words "design" and "model" by "every sample 
suitable to be adapted for the outward form of an industrial 
product" and adds that the outward form only, i. e., the optical 
effect, is protected, but no technical effect or intrinsic value what- 
soever, and that imitations of independent arts objects do not 
come under this protection. 

Who May Register. — Any person or persons. They are consid- 
ered proprietors of the design or model until the contrary is 
proven. 

Registration to be effected in Vienna and Budapest; identical 
samples must be deposited in Austria and Hungary; they may be 
deposited open or under sealed cover; sealed covers are opened 
upon expiration of the first year. Every single design and model 
must be registered and fees paid separately. No reduction in 
Government fees for series or sets. 

Requirement. — Power of attorney signed and duly legalized by 
an Austro-Hungarian Consul; two identical samples or models, 
or two photographs or drawings clearly illustrating the form or 
design to be protected; several samples with regard to different 
colors of the same model may be claimed as one. 

Duration of Protection. — Three years after date of registration ; 
this term cannot be extended. 



Barbados 6 

BAHAMA ISLANDS. 

PATENTS. 

Term. — Seven years, renewable for further period of seven 
years and again for like period, or in all for twenty-one years. 

Applicant. — Inventor or importer. 

Kequirements. — Power of attorney; petition; declaration, legal- 
ized by the British Consul; four copies of the specification; and 
drawings in quadruplicate, in black ink, on cloth or bristol-board 
of any convenient size. 

Taxes. — Cost, including agency fees, for seven years, $60; for 
fourteen, years, $110. 

Working. — Within three years after filing of application, $50. 

Assignment. — Preparing and recording, including consular fee, 
$50. 

TRADE MARKS. 

Trade marks are protected under ordinance of 1889, but there 
is no provision for registration, and it is usual in order to establish 
evidence of ownership, and to warn infringers, to advertise the 
mark in local papers. 

COPYRIGHTS. -j 

'No law exists for the protection of copyrights. 

DESIGNS. 

There is no law for the protection of designs. 



BARBADOS. 

PATENTS. 

Term. — Twenty-one years. 

Applicant. — Inventor or first importer. 

Requirements. — Power of attorney; declaration; specification in 
duplicate; and drawings in duplicate on cloth. 

Taxes. — Cost, including agency fees, at the end of the 7th year, 
$60; at the second renewal for seven years, $110. 

Working. — Within three years from date of patent, $50. 

Assignment. — Preparing and recording assignment, including 
consular fee, $40. 



6 Belgium 

TRADE MARKS. 
Duration. — Fourteen years; renewable. 

Requirements. — Power of attorney; eight facsimiles of the 
mark; electrotype or wood cut. 

COPYRIGHTS. 
'Ro law exists for the protection of copyrights. 

DESIGNS. 
No law exists for the protection of designs. 



BASUTOLAND. 



PATENTS. 
Applicant. — Owners of Cape Colony patents, by paying colonial 
fees, receive a patent. 

Requirements. — Copy of Cape Colony patent is required. 



BELGIUM. 

PATENTS. 

Term. — Twenty years, but limited by earlier foreign patent. 

Applicant. — Inventor or his assignee. 

Requirements. — Power of attorney; specification in duplicate in 
French; drawings in duplicate, on cloth, size, 34 cm. — about 13§ 
inches — in height, by 21 to 22 cm. — about 8f inches — in width, 
with a blank margin of 4 to 5 cm. — about IJ inches. This size 
may be doubled or trebled, but the sheet must retain the same 
proportions. Drawings must be in black ink, and on the metrical 
system. N'ote: The size generally used for drawings for this 
country is the second size, viz. : 13f xl7J inches, as this size admits 
of the drawings being kept larger than could be used if made on 
the smaller size sheets. 

Taxes. — Yearly from the date of application; cost, including 
agency fees, 2nd year, $7.50; 3rd year, $9.50; and so on, adding 
$2 per year; one month grace is given without extra payment or 
six months^ grace with a fine of $2. 

Working. — Must be proved within one year of commencement 
of working elsewhere, and then annually; cost, $15. 

Assignment. — Preparing and recording assignment, including 
consular fee, $24. 



Bolivia 7 

TRADE MARKS. 
Duration. — Forever. 

Requirements. — Power of attorney; four facsimiles of mark; 
and one electrotype. 

COPYRIGKTS. 

Eegistration of a copyright is not necessary. Unauthorized re- 
print is submitted for arbitration. 

DESIGNS. 

Duration. — One, three or five years. 

Requirements. — Power of attorney; copy of a specimen of the 
design or model; drawings in duplicate on tracing cloth; photo- 
graphs are also accepted. Cost, for one year, $15; for five years, 
$25. 



BERMUDA ISLANDS. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor, assignee or first importer. 

Requirements. — Application with declaration legalized by Brit- 
ish Consul; specification in duplicate; drawings in duplicate; 
power of attorney signed by applicant and two, witnesses. 

Taxes. — None. 

Working. — There are no requirements. 

Assignment. — Preparing and recording assignment, $40. 

TRADE MARKS. 
Duration. — Fourteen years ; renewable. 

Requirements. — Power of attorney; eight copies of the mark; 
electrotype or wood cut. 



BOLIVIA. 



PATENTS. 
Term. — Three, six or ten years. 

Applicant. — The inventor or his assignee (assignment must be 
produced) . 



8 BrazDj 

Requirements. — Legalized power of attorney; specification in 
duplicate; drawings in duplicate. 

Taxes. — None. 

Working^. — The term of working is one year from date of grant- 
ing; to guarantee this working the patentee must deposit in the 
National Bank of Bolivia a sum of 100, 200 or 300 Bolivianas, 
following whether the patent is granted for three, six or ten years. 
This deposit will be returned upon the proof of working. 

Assignment. — Preparing and recording, including consular fee, 
$50. 

TRADE MARKS. 

Duration. — Ten years, renewable, subject to annual tax. 

Requirements.— Power of attorney, legalized by the Bolivian 
Consul; six facsimiles of the mark. 



BRAZIL. 

PATENTS. 

Term. — Fifteen years. 

Applicant. — The inventor or his assignee. 
» Requirements. — Legalized power of attorney; specification in 
duplicate; drawings in triplicate; on cloth, size 10x15 inches. The 
drawings should be made on a metrical scale; each sheet of paper 
bearing number of order, if there be several. When the applica- 
tion is for improvements upon an invention already patented in 
Brazil, the drawings should indicate with the same ink, in dotted 
lines, the modifications made in the original invention. 

Taxes. — Cost, including agency fees (from grant of patent) : 
2d year, $25 ; 3d year, $27 ; 4th year, $30 ; 5th year, $35 ; 6th year, 
$37 ; 7th year, $40 ; 8th year, $45 ; 9th year, $52 ; 10th year, 
11th year, $70 ; 12th year, $75 ; 13th year, $80 ; 14th year, 
15th year, $90. Extension during the year is due, but this liberal 
measure can be repealed by simple ordinance of the minister. 

Working. — Must be proved within three years from date of 
patent and annually thereafter; cost, $75. 

Assignment. — Preparing and recording, including consular fee, 
$30. 

TRADE MARKS. 

Duration. — Fifteen years; renewable. 



British Guiana 9 

Requirements. — Certified copy of home registration legalized by 
the Brazilian Consul; legalized power of attorney; eleven fac- 
similes of the mark. 



BRITISH EAST AFRICA. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Application; power of attorney; seven copies 
of the specification and seven copies of the drawings. 

Taxes. — Cost, including agency fees, before the expiration of the 
4th year, $40 ; before the expiration of the 7th year, $80. 

Working. — There are no requirements. 

Assignment. — Preparing and recording assignment, $50. 



BRITISH GUIANA. 



PATENTS. 

Term. — Fourteen years, limited by earlier foreign patent. 

Applicant. — The inventor or his assignee. 

Requirements. — Power of attorney; petition in duplicate legal- 
ized by the British Consul ; specification in duplicate ; drawings in 
duplicate. 

Taxes. — Cost, including agency fees, before the end of the 7th 
year, $110. 

Working. — There is no official requirement as to working of the 
invention in the Colony. 

Assignment. — Preparing and recording, including consular fee, 
$30. 

TRADE MARKS. 

Duration. — Unlimited. 

Requirements. — Power of attorney, legalized by British Consul; 
declaration ; five specimens and one electrotype. 



10 British North Borneo 

BRITISH NEW GUINEA. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — The inventor, his assignee or communicator. 

Requirements. — Statement of address and appointment of agent, 
application form; specification in duplicate; drawings in dupli- 
cate. 

Taxes. — Cost, including agency fees: Before the end of the 
4th year, $30; 8th year, $60; extension of time, renewal fee for 
one month, $3 ; two months, $4 ; three months, $6. Patent to be 
forwarded for indorsement of payments 

Working. — There are no conditions. 

Assignment. — Preparing and recording assignment, $25. 

TRADE MARKS. 
Duration. — Fourteen years. 

Requirements. — Power of attorney; six facsimiles of the mark; 
electrot}^e or wood cut. 



BRITISH NORTH BORNEO. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor or his assignee, or the holder of a British 
patent. 

Requirements. — Petition ; specification in duplicate ; declaration ; 
power of attorney; drawings and copy of British patent, if any 
exists. 

Taxes. — None. 

Working. — There are no requirements. 

Assignment. — Preparing and recording, $25. 

The Straits Settlements Ordinance has heen adopted in British 
Korth Borneo and Laubuan. Separate applications are required 
for each of these possessions. 

While there are no legal provisions in Sarawak relating to in- 
ventions the Eesident advises us that^ owners of Patent Eights 
would certainly receive protection in the local Courts against 
infringers. 



British Honduras 11 

TRADE MARKS. 

Marks may be registered in British North Borneo, if previously 
registered in Great Britain. 

Requirements. — Power of attorney; six facsimiles of mark; one 
electrotype. 



BRITISH HONDURAS. 

PATENTS. 

Term. — Fourteen years, limited by earlier foreign patent. 

Applicant. — The inventor or importer. 

Requirements. — Power of attorney; affidavit or declaration 
legalized; specification in duplicate; drawings accompanying pro- 
visional specifications shall be made upon cloth or paper, size 13 
inches in length by 8 inches in breadth, or 13 inches in breadth 
by 16 inches in length, leaving a margin of 1 inch on all sides. 
All drawings accompanying specifications in pursuance of the con- 
ditions of letters patent and complete specifications with petitions 
for the grant of letters patent : such drawings shall be made upon 
paper or cloth, size 21-J inches in length by 14| inches in breadth, 
or 21-| inches in breadth by 29 J inches in length, leaving a margin 
of 1-| inches on all sides. Note: It is recommended that pat- 
entees make their elevation drawings to the scale of 1 inch to 
a foot. 

Taxes. — Cost, including agency fees, before the 3d year, $60; 
before the 7th year, $120. 

Working. — There is no legal requirement for working nor is 
importation forbidden. 

Assignment. — Preparing and recording, including consular fee, 
$50. 

TRADE MARKS. 

Under the Merchandise Ordinance of 1888 the counterfeiting of 
trade marks is made a penal offense. There being no department 
for registration, in order to secure proof of ownership and to warn 
the public against infringement, it is usual to advertise the mark 
in the official and other journals of the colony. 



12 Canada 

BULGARIA. 

PATENTS. 

No law exists for the protection of patents. 

TRADE MARKS. 
Dnration. — Ten years, renewable for like periods. 
Requirements. — Power legalized; four facsimiles of the mark. 



CANADA. 

PATENTS. 

Term. — Eighteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Power of attorney; petition; specification in 
duplicate; claims in triplicate; oath; drawings in triplicate, two 
on tracing cloth and one on bristol-board, size 8x13 inches. Draw- 
ings must be clear, sharp, well defined, not too fine. Brush shad- 
ing, tinting, and imitation surface graining should not be used. 
Shade lines may sometimes be used with good effect, but heavy 
shadows, where they would obscure lines or letters of reference, 
should be avoided. In fine shading, results should be attained 
with as few lines as possible, and the shading of convex and con- 
cave surfaces may be dispensed with when the invention is other- 
wise well illustrated. Section lines should be as open as the case 
will admit. The drawings on cloth only must be signed by the 
inventor, through his attorney, in the presence of two witnesses, 
and dated to correspond with the date of the application papers. 
Bristol-board drawings should be sent to the office flat, or on a 
roller. The following should be placed at the bottom of each of 
the cloth copies: 

"Certified to be the drawing referred to in the specification 
hereunto annexed. 

190.. .'' 

Taxes. — At the end of the 6th and 12th years, $25. 

Working. — Within two years from the grant of the patent, $25. 

Importation. — After twelve months have elapsed from the date 
of the patent the patentee may not import the invention under 
penalty of forfeiture. Twelve months^ extension of this term may 
be granted on cause shown, $15. 



Canada 13 

Assignment. — Preparing and recording, $5.00. 

TRADE MARKS. 

Duration. — Specific trade mark, twenty-five years; general 
trade mark, forever. 

Requirements. — Declaration in duplicate; description of mark, 
stating whether it is intended for use as a general or specific one ; 
three copies of mark. 

DESIGNS. 

In Canada, every Design, in order to be protected, must be 
registered before publication, "and after registration the name of 
the proprietor, wlio shall he a resident of Canada, shall appear 
upon the article to which his design applies; if the manufacture 
is a woven fabric, by being marked at one end thereof, together 
with the letters ^Rd^, and if the manufacture is any other sub- 
stance, the letters 'Rd^ with the year of registration, shall be 
marked at the edge or any convenient part thereof.^' In practice 
"Ed" and the year of registration should appear on all articles of 
manufacture. 

Certain penalties are also provided for the fraudulent marking, 
as registered, of any design which is not so registered. 

The mark may be put upon the manufacture by making it on 
the article itself, or by attaching thereto a label containing the 
proper marks. To obtain- the protection of the act^ the sub- 
ject MATTER TO WHICH THE DESIGN IS APPLIED MUST BE MANU- 
FACTURED IN Canada. 

COPYRIGHTS. 

Copyrights may be registered in Canada by a citizen of any 
country which has an international copyright treaty with the 
United Kingdom of Great Britain and Ireland and by a citizen 
of the United States who has previously registered in Stationers^ 
Hall, London, England. Their duration is for 28 years, extensible 
for 14 years by the author, if living, or his widow or children. 
The application must be accompanied by three bound or mounted 
copies of the work, which must be printed in Canada. 



14 Ceittral Africa Protectorate 

CAPE COLONY. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor. 

Requirements. — Legalized power of attorney; petition; speci- 
fication in duplicate; drawings in duplicate. 

Taxes. — Before the expiration of the 3d year^ $60; before the 
expiration of the 7th year, $110. Letters patent required for en- 
dorsement, .^mii^a 

Working.— There are no feidiiibn^l-^-^ ''^"^'^"^ .fibBirfiO nl 
^'Assignment.— Preparing and recording; $sfc^ ^*^*^^^^ 5919*31^91 

^ Duration.- Fourteen years, renewable for similar periods: ^ /^^ 
Requirements. — Application; declaration legalized' bf''^Bri1:ish 

<)onsxrl; power of attorney ; six copies of ma^k; oiie^^fecfi^ot^pfe:'' '^^ 

iioi:o;aq nl '\i--'9T:>iii liiiq ■rirofa'r/iiiV)^7.iT£ lo -^^ije erf;- ''i; boiiBm 

io selDijiB il& fio liigqqjj ^^^ DESIGNS. '^^'^'"^ ^^ ^^^'^'^ ^^^^ -^"^ ^°bH'^ 

Duration.— Five years. „^ ^ .oiinoslrf amn 

•c Requirements.— -Three drawiiigs. Ipihote on 

paper* cost $4tf''"^'^'^ ^^ ^^^^ *^ fl9inw n^is9D ms ^o .bgisiai^si ee 
a-j Ji ^Ai'yir>iii id Q'lnioBhiarATi ortt xioqn juq sd tbih /[tbhi 9iiT 
sdj ^fimiBJnoo ledBl r oteTe/it ^?iiiiORtti? rd lo Me?n ohlhB sdi 

PATENTS. •^•^^-"'^-'-^ "-^^ '^'^■"'^'^ 

The British Patent Law haa been adopted in its entirety in this 
Protectorate, = ? r >-^ • »• ^ • f ±j ■ ■,-■, 

Vll: :rf;o fi -rd RDBflB J fix D979tSf29T 90 76m »jril2I17>'T0 J 

.^ , In the case of a Patent granted in England registration is 
effected by lodging with the Registrar a certificate from, the Comp- 
iroUeivG^eral that such patent jias^jjeen^^ sealed and issued. 

9ldi3II9tZ9 ,31397 «•§ 101 '^^ '^^ „..««.« 

,,,^^rrt,r J ,„42.^ .-^.r TRADE MARKS. 

r Trade Marks^ are^protected under the Law of October 15, 1889. 

'There is no provision made for Eegistration. 



Chile 15 

CEYLON. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor. 

Requirements. — Petition in duplicate, legalized by the British 
Consul; power of attorney; copy of the British patent; specifica- 
tion in duplicate; drawings in duplicate, on bristol-board 13 by 8 
inches, leaving a margin of -J inch all around. 

Taxes. — Cost, including agency fees, before the expiration of 
the 4th, 5th, 6th, 7th and 8th years, $30; before the expiration 
of the 9th, 10th, 11th, 12th and 13th years, $60; extension of 
time can be had : one month, $5 ; two months, $12 ; three months, 
$20. 

Working. — None. 

Assignment. — Preparing and.reqojdlng, $30. 

TRADir MARKS. 
Duration. — Fourteen years, renewable. 

Requirements. — Power ot attorney ; six copies of mark, and one 
electro or wood cut. ■±ilh.>i'i 

^- — „ . : . . ^ 

u.i^.. .a. CHANNEL ISLANDS. ^ ^ 

I jrii io asqv (Jersey and Guernsey.)^ 

ifoni luoi '10 dibhr •phrvvrrrvQ^-^ besoze j 

The British patent does not cover the Channel Islands, but 
protection may be secured for inventions in Jersey and Guernsey 
by registering a certified copy of the British patent in the rolls 
of the Royal Court. 

TRADE HARKS. 

Trade marks may be protected in Jersey and Guernsey by enter- 
ing a certificate of registration in Great Britain in the rolls of the 
Royal Courts. 

o 

CHILE. 

PATENTS. 
Teim. — Ten years. 



16 Colombia 

Applicant. — The inventor or his assignee. 

Eequirements. — Legalized power of attorney; specification in 
duplicate; drawings in duplicate; certified copy of first foreign 
patent legalized by Chilian Consul. 

Taxes. — None. 

Working. — Must be effected within one year from date of issue, 
but extension can be had. Cost of extension for each year is $40. 

Assignment. — Preparing and recording assignment, $40. 

TRADE MARKS. 
Duration. — Ten years, renewable for like periods. 
Requirements. — Power of attorney legalized by Chilian Consul; 
seven copies of mark. 



CHINA. 

PATENTS. 

No law exists for the protection of patents. 

TRADE MARKS. 

Duration. — Twenty years. 

Requirements. — Power of attorney signed by the owner of the 
mark, before a Notary Public; certified copy of home registration; 
additional copy of same uncertified; two electrotypes of the mark, 
which must not exceed three inches in width or four inches in 
length; twelve facsimiles of the mark; and a Chinese translation 
must accompany each document filed. 



COLOMBIA. 

PATENTS. 

Term. — Five, ten or fifteen years. 

Applicant. — The inventor or his assignee (assignment must be 
produced). 

Requirements. — Legalized power of attorney; specification in 
duplicate; drawings in duplicate. 

Taxes. — None. 

Working. — Must be proved within one year from date of patent ; 
cost, $100. 



Costa Eica 17 

Assignment. — Preparing and recording, including consular fee, 
$50. 

TRADE MARKS. 

Duration. — Unlimited. 

Requirements. — Power of attorney ; legalized by Colombian Con- 
sul; ten copies of mark and one electrotype. 



CONGO FREE STATE. 

PATENTS. 

Term. — Twenty years. 

Applicant. — Inventor or Ms assignee. 

Requirements. — Power of attorney legalized by the Belgian 
Consul; specification and drawings in duplicate prepared the 
game as for Belgium. 

Taxes. — None. 

Working. — None. 

Assignment. — Preparing and recording, $20. 

TRADE MARKS. 
Duration. — Porever. 

Requirements. — Power of attorney; five facsimiles of the mark, 
and one electrotype. 

o 

COSTARICA. 

PATENTS. 

Term. — Twenty years, limited by earlier foreign patent. 

Applicant. — The inventor or his assignee (assignment must be 
produced). 

Requirements. — Legalized power of attorney; drawings in du- 
plicate; specification in duplicate. 

Taxes. — Xone. 

Working. — Within two years from date of patent; cost $50. 

Assignment. — Preparing and recording, including consular fee, 
$40. 

TRADE MARKS. 

Duration. — Fifteen years, renewable for ten years and so on 
every ten years. 



18 Cyprus 

Requirements. — Power of attorney legalized by Costa Eican 
Consul; eight copies of the mark, and one electrotype. 



CUBA. 

PATENTS. 

Term. — Seventeen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Legalized power of attorney; drawings in 
triplicate; United States size, one on bristol-board and two on 
transparent tracing cloth; specification in duplicate. 

Taxes. — None. 

Working. — Within one year and one day from date of grant; 
cost of extension of time for performing working, $25. 

Assignment. — Preparing and recording, $35. 

TRADE MARKS. jItoW 

Duration. — Fifteen years, renewable. 

Requirements. — Legalized power of attorney; certified copy of 
United States trade-mark legalized by Cuban Minister or Consul ; 
and twelve facsimiles of the mark. _ uou^inQ. 

.^>.. .,r/ .,,a 



CURACAO. 
(Dutch West Indies.) 

PATENTS. 

No law exists for the protection of patents. 

1 — .atidl 

TRADE MARKS. tr^H^' .vo A 

Duration. — Twenty years, and can be extended. 

Requirements. — Power of attorney and six facsimiles of the 
mark. The publication of the application must be inserted in 
the Official Journal of Curacao. 



CYPRUS. 
PATENTS. 



Term. — Fourteen years. 



Denmark 19 

Applicant. — Inventor or his assignee. 

Requirements. — Petition; power of attorney; specification in 
duplicate; drawings in duplicate, British size; certified copy of 
the British patent. The Cyprus patent expires simultaneously 
with the British patent. 

Taxes. — None. 

Working. — There are no requirements. 

Assignment. — Preparing and recording assignment, $40. 

TRADE MARKS. 

Trade marks are protected by the Merchandise Marks Law 
No. 12, of 1892. No provision is made for registration, but it 
ia usual to advertise the mark locally, as proof of ownership and 
warning against infringers. 



DANISH WEST INDIES. 

^.PATENTS. 

The law in this colony resembles in all substantial effects the 
law of Denmark. 

TRADE HARKS. 

No law exists • ' <^J q^ b^weaai ad hb-'j .aT£97 oeidT—.inisT 
' "' '^- yr-jin.op9. \o i9w o^ — .2ti£9JirdiirfpsS 

DENMARK. 

Term. — Fifteen years. 

Applicant. — Inventor or his assignee. (Assignments must be 
produced. ) . : 3 f 7:9 wnf o •/ 

Requirements. — Power of attorney; specification in duplicate 
in Danish; Drawings in duplicate, one copy on bristol-board,.and 
one on cloth. The bristol-board copy must be in good black ink, 
with no colors or washes. Either of these sizes is allowable: 
(a) 13x8J inches; (b) 13x1 6J inches, including a margin of 
f of an inch all around, and IJ inches blank inside margin at the 
top. Signatures of the applicant must be placed in the lower 
right-hand corner. The drawings must read upright on the sheet ; 
that is, the 13 inch way must always be the height. All writing 



20 East Africa Protectorate 

must be inside the margin. Drawings must not be folded or 
rolled, but must be sent in smooth, flat shape. 

Taxes. — Cost, including agency fees (from grant of patent) : 
1st, 2nd and 3d years, $10 ; 4th, 5th and 6th years, $17 ; 7th, 8th 
and 9th years, $30; 10th, 11th and 12th years, $82; 13th, 14th 
and 15th years, $90. For extension of three months add one- 
fifth of renewal fee. 

Working. — Within three years of issue of patent and thereafter 
yearly. Cost, $30. 

Assignment. — Preparing and recording including Consular fee, 
$20. 

TRADE MARKS. 

Duration. — Ten years, renewable; it expires with the home 
registration. 

Requirements. — Certified copy of the home registration legal- 
ized by the Danish Consul; legalized power of attorney; five 
copies of mark; two electrotypes or wood cut. 

COPYRIGHTS. 

Authors are protected without any further formalities. 

DESIGNS. 
Term. — Three years. Can be renewed up to 15 years. 
Requirements. — Power of attorney; number of patterns for 
which protection is wanted. Drawings. 



DUTCH EAST INDIES. 

PATENTS. 

No law exists. 

TRADE MARKS. 

Duration. — Twenty years, and can be extended. 
Requirements. — Power of attorney; six specimens of the mark; 
one electro. 



EAST AFRICA PROTECTORATE. 

PATENTS. 
Term. — Fourteen years. 



Egypt 21 

Applicant. — Inventor or his assignee. 

Requirements. — Petition with an application, signed by the ap- 
plicant; six copies of the specification and six copies of the- draw- 
ings upon any kind of paper or tracing cloth; copy of the British 
patent; power of attorney signed by two witnesses, whose full 
address must be given. 

Taxes. — From date of filing; before the expiration of the 4th 
year, $350; before the expiration of the 8th year, $700. 

Working. — There are no requirements. 

Assignment. — Preparing and recording assignment, $50. 



No law exists. 



TRADE MARKS. 

— — — — o — 

ECUADOR. 

PATENTS. 

Term. — Ten years. 

Applicant. — The inventor or his assignee (assignment must be 
produced). 

Requirements. — Legalized power of attorney; specification in 
duplicate; drawings in duplicate. 

Taxes. — None. 

Working. — None. 

Assignment. — Preparing and recording, including consular fee, 
$50. 

TRADE MARKS. 

Duration. — Indefinite. 

Requirements. — Legalized power of attorney; ten copies of the 
mark. 





EGYPT. 

PATENTS. 

Patents may be registered in the courts at Cairo, Alexandria 
and Mansourah. 

Requirements .-^Certified copy of the home patent; legalized 
power of attorney. 

TRADE MARKS. 

Duration. — Ten years. 



22 Fiji Islands 

Requirements. — Power of attorney (no legalization required) ; 
certified copy of original registration of the mark^ and specimen 
of mark. Separate registration is necessary for Sudan. 



FALKLAND ISLANDS. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Petition; power of attorney; specification and 
drawings in duplicate, British size; certified copy of the British 
patent. The Falkland Island patent expires simultaneously with 
the British patent. 

Taxes. — None. 

Working. — There are no requirements. 

Assignment. — Preparing and recording assignment, $40. 

TRADE MARKS. 
Duration. — Fourteen years, and expires with registration of the 
British trade mark. 

Requirements. — Power of attorney and six copies of the mark. 



FIJI ISLANDS. 

PATENTS. 
Term. — Fourteen years. 
Applicant. — The inventor or his assignee. 

Requirements. — Petition; specification in duplicate; drawings 
in duplicate; and declaration. 
Taxes. — There are no annuities. 
Working. — Not necessary. 
Assignment. — Preparing and recording assignment, $25. 

TRADE MARKS. 
Duration. — Seven years, renewable. 

Requirements. — Power of attorney; seven copies of mark and 
two electrotypes. 



France 23 

FINLAND. 

PATENTS. 

Term. — Fifteen years. 

Applicant. — Inventor or assignee. (Assignment must be pro- 
duced.) 

Requirements. — Legalized power of attorney; specification in 
duplicate in Swedish or Finnish; drawings in duplicate. 

Taxes. — Cost, including agency fees, from grant of patent; 
2nd and 3d years, $10; 4th to 6th years, $12; 7th to 9th years, 
$14; 10th to 12th years, $16; 13th to 15th years, $18; three 
months^ extension by adding one-fifth of the fee. 

Working. — Within three years of date of patent and not in- 
terrupted for more than one year. Cost, $30. 

Assignment. — Preparing and recording, including Consular 
fee, $25. 

TRADE MARKS. 

Duration. — Ten years, renewable. 

Requirements. — Certified copy of home registration, not to be 
legalized; legalized power of attorney; six copies of mark; two 
electrotypes or wood cut. 



FRANCE. 

PATENTS. 



Term. — Fifteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Power of attorney; specification in duplicate 
in French and drawings in duplicate, one on cloth and one on 
bristol-board or other strong white paper, having the following 
sizes: 33 centimeters X 21 centimeters (12 inches .992 X 8 
inches .268), or 33 centimeters X 42 centimeters (12 inches .992 
X 16 inches .536) with an inside border line of 2 centimeters 
(0 inches .787) in such manner that the drawing shall be com- 
prised within a border line of 29 centimeters by 17 centimeters 
(11 inches .417 X 6 inches .693), or 29 centimeters X 38 centi- 
meters (11 inches .417 X 14 inches .961). This border line 
shall be constituted by a single line having a thickness of about 
•J millimeter (0 inches .02). The figures should be so arranged 



24 France 

on the sheets that they will read upright; that is, the 13-inch 
way must be the height, and there must be a clear space of 1 cm. 
(.39 inches), between figures. In case it should be impossible to il- 
lustrate a patented article by means of figures enclosed within a bor- 
der line of 29 X 38 centimeters (11 inches .417 X 14 inches .961) 
the inventor shall be at liberty to subdivide one figure into sev- 
eral portions of which each shall be drawn upon a sheet having 
the above indicated size. The section line of figures shall be in- 
dicated by letters of reference. The figures shall be numbered 
without interruption from the first to the last, by means of 
Arabic or Eoman numerals. If the sheets be numbered, the num- 
bers shall appear outside of the border line. The original draw- 
ing shall be executed in ink, with regular and perfectly black 
lines, upon bristol-board or other white paper, thick and smooth, 
allowing of reproduction by photographic process. No tint, shades, 
or wash shall appear therein; if necessary, these shall be replaced 
by regular and properly spaced cross lines. The drawings shall 
be made to a sufficient scale, without exaggeration, so that it 
shall be possible to ascertain exactly the article to be patented 
from a reproduction reduced to two-thirds the size of the draw- 
ings. The scale indicated shall be according to the metrical sys- 
tem. The drawings shall not contain any descriptive matter or 
indication other than the numbers of the figures and the letters 
(capital and small), or numerals of reference, the height of 
which shall he from S to 8 millimeters {0 inches .118 to inches 
.315), Any descriptive matter considered as indispensable by 
inventors for the comprehension of their drawings shall be in- 
serted by them in the body of their specification. The signature 
of the inventor or of his attorney shall be written outside the 
border lines. The drawings shall not be folded ; they shall be 
handed in, at the time of filing, either flatwise, or rolled, so as 
to be free from folds or creases. 

Taxes. — ^Yearly from date of filing. Cost, including agency 
fees, $22.50 per annum. One month^s grace, with a fine of $1; 
two month's, $2; three month's, with a fine of $3. 

Working. — Must be proved within two years from grant and 
every subsequent two years; cost, $22. 

Assignment. — The taxes for the remaining life of the patent 
have to be paid up before assignment can be recorded. 



Germany 25 

TEADE HARKS. 

Duration. — Fifteen years, which may be extended for like 
periods. 

Requirements. — Legalized power of attorney; four copies of the 
mark; one electrotype. 

COPYRIGHTS. 

Duration. — Life of the author, with prolongation of fifty years 
after his death. 

Requirements. — Power of attorney and two copies of the liter- 
ary work in original language. 

DESIGNS. 

Duration. — One, three or five years. 

Requirements. — Power of attorney, legalized by the French 
Consul; copy of specimen of the design or model; drawings in 
duplicate on tracing cloth; photographs are also accepted. Cost, 
for one year, $15; for five years, $25. 



GERMANY. 
PATENTS. 



Term. — Fifteen years. 

Applicant. — Whoever first applies for a patent is entitled to 
the grant, but the patent will be void if it is shown that the in- 
vention was taken without permission from the papers or appa- 
ratus of another person. 

Requirements. — Power of attorney; specification in duplicate 
in German; drawings in duplicate, one copy on bristol-board and 
one on cloth. The bristol-board copy must be in good black ink, 
with no colors or washes. The standard size of the bristol-board 
drawings is a height of 13 inches, by a width of 8J, or 16^ inches. 
The tracings must be 13 inches high, but may have any width. 
A blank space 3 cms. each must be left at the right and the 
left-hand side of the tracings, and the figures on the latter must 
be upright; that is to say, they must have the width of the trac- 
ing for their basis. * * * Marginal lines are not demanded 
in the new rules, neither for the card-boards, nor for the trac- 



26 Gibraltar 

ings. * * * Letters of reference must be inserted to such ex- 
tent only as is absolutely necessary. 

Taxes. — ^Yearly from date of application. Cost, including 
agency fees: 2d year, $14.50; 3d year, $27; and so on, adding 
$12.50 yearly. Six weeks' grace without fine; a further six weeks 
adding a fine of $2.50. 

'^ Working. — Must be proved before the expiration of three years 
from date of publication. Cost, $28. 

Assignment. — Preparing and recording, including consular fee, 
$16. 

TRADE MARKS. 

Duration. — Ten years, renewable. 

Requirements. — Certified copy of home registration legalized 
by the German Consul; power of attorney; five copies of mark 
and one electrotype. 

COPYRIGHTS. 

Copyright protection is granted for works printed in the United 
States without registration. 

Duration of the copyright is the life of the author and thirty 
years after his death. Translation of dramatical works must be 
registered at Leipzig. 

Requirements. — Power of attorney, and five copies of the work, 
cost, $25. 

DESIGNS. 

Duration. — Three years; can be extended to six years. 

Requirements. — Power of attorney; petition; sample of the 
design; drawings in duplicate on linen cloth. Cost, including 
taxes, for three years, $18. 



GIBRALTAR. 

PATENTS. 

Term. — Fourteen years; patent elapses with a prior British 
patent. 

Applicant. — Inventor or his assignee. 

Requirements. — Petition; declaration; power of attorney; speci- 
fication and drawings in duplicate; certified copy of British pat- 
ent. 



Great Britain 27 

Taxes. — Xone. 

Working. — None. 

Assignment. — Preparing and recording assignment, $30. 

TRADE MARKS. 

There is no registration act in protection of trade marks in 
this colony, but action will lie for infringement and criminal, 
proceedings can be taken for forgery. 



GOLD COAST COLONY. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor, assignee or communicator. 

Requirements. — Petition; declaration; power of attorney; 
specification in duplicate and drawings in duplicate. 

Taxes. — 5th, 6th and 7th years, $60 each; 8th and 9th years, 
$85 for each; 10th, 11th, 12th and 13th years, $110 for each. 

Working. — Grant of license compulsory. 

Assignment. — Preparing and recording assignment, $30. 

TRADE MARKS. 
Duration. — Fourteen years. 

Requirements. — Power of attorney; six copies of the mark, 
electrotype or wood cut. 



GREAT BRITAIN. 

PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor, introducer or communicator. 

Requirements. — Power of attorney (but not required when ap- 
plication is filed as communication) ; specification in duplicate; 
drawings in duplicate, on pure, white, Wattman's hot-pressed, 
rolled, or calendered drawing-paper, of smooth surface and good 
quality. Size of sheets, 13 inches at the sides by 8 inches at the 
top and bottom, or 13 inches at the sides by 16 inches at the top 
and bottom, including a margin of J inch on all sides (the smaller 



28 Great Britain 

size preferred). If there are more figures than can be shown on 
any of the smaller sized sheets, two or more of them should be 
used in preference to employing the larger size. When an ex- 
ceptionally large drawing is required, it should be continued on 
subsequent sheets. There is no limit to the number of sheets that 
may be sent in. The scale adopted should be large enough to 
show clearly wherein the invention consists, and only so much 
of the apparatus, machine, etc., need be shown as effects this 
purpose. When scale is shown it should be denoted by a drawn 
scale, not by words. The figures should be so arranged on the 
sheets so that they will read upright; that is, the 13-inch way 
should always be the height. Reference figures and letters must 
be bold, distinct, arid not less than -J of an inch in height. In 
cases of complicated drawings, the reference letters must be shown 
outside the figures and connected with the parts referred to by 
a fine line. The same letters should be used in different views 
of the same parts. Drawings should be in good black ink, and 
the same strength and color of fine shade lines maintained 
throughout. No written description of invention should appear 
on the drawings. 

Taxes. — Before expiration of 4th year of patent and yearly 
thereafter. Cost, including agency fees, $27.50; increasing $5 
yearly. 

Working. — Grant of license compulsory. 

Assignment. — Preparing and recording assignment cost, $12. 

TRADE MARKS. 

Duration. — Fourteen years, renewable. 

Requirements. — Power of attorney; six copies of the mark; 
electrotype or wood cut. Description of goods to which mark 
is applied, and if mark has been used prior to 13th August, 1875, 
date of first use. 

COPYRIGHTS. 

Eegistration must be made at the Stationer's Hall in London. 

Requirements. — Six copies of the work and six forms must be 
signed, cost, $20. A British copyright covers all the British 
colonies. 

DESIGNS. 
Duration. — Five years. 



Grenada 39 

Requirements. — Authorization; three copies of the design on 
bristol-board or cloth; cost, $20. 



GREECE. 

PATENTS. 

No law exists for protection of patents. 

TRADE MARKS. 

Duration. — Ten years, renewable, will expire with the home 
registration. 

Requirements. — Certified copy of home registration, legalized 
by Greek Consul; legalized power; four copies of mark and a 
metal typographic block. 



GRENADA. 

PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor or. his assignee. 

Requirements. — Application with declaration signed by appli- 
cant, no legalization; specification in duplicate; drawings in 
duplicate, same as for Great Britian; authorization signed by 
applicant, no legalization required. 

Taxes. — $18 before the expiration of the 4th year; $23 before 
the expiration of the 5th year; $28 before the expiration of the 
6th year; and so on, adding $5 each year. Fine for one month^s 
extension, $5 ; two months, $15 ; and three months, $25. 

Working. — There are no requirements. 

Assignment. — Preparing and recording assignment, $40. 

TRADE MARKS. 
Duration. — Fourteen years, renewable. 

Requirements. — Power of attorney; eight copies of the mark; 
electrotype or wood cut. 



30 Honduras 

GUATEMALA. 

PATENTS. 

Term. — Patents are granted for a term fixed between five and 
fifteen years. 

Applicant. — Natives only. 

Requirements. — Power of attorney legalized by the Guatemalan 
Consul; specification and drawings in duplicate. 

Taxes. — Annually, cost $35. 

Working. — Within one year and then annually. 

Assignment. — Preparing and recording assignment, $50. 

TRADE MARKS. 
Duration. — Ten 5^ears; renewable every ten years. 
Requirements. — Legalized power of attorney; certified copy of 
original registered trade mark; ten copies of the mark. 



HOLLAND. 



PATENTS. 

New patent law has been promulgated but is not in force. 

TRADE MARKS. 

Duration. — Twenty years, which may be extended for like 
periods. 

Requirements. — Power of attorney; six copies of the mark and 
one electrotype. 



HONDURAS. 



PATENTS. 

Term. — Patents for twenty years are granted to natives; pat- 
ents to foreign inventors are limited by earlier patents. 

Applicant. — Inventor or his assignee. 

Requirements. — Legalized power of attorney ; drawings in dupli- 
cate; specification in duplicate; and certified copy of original 
patent legalized by the consul of Honduras. 

Taxes. — There is an annuity payable at the commencement of 
each year, ranging from $10 to $50, but it generally amounts to 
$25. 



Hungary 31 

Working^. — There are no requirements. 

Assignment. — Preparing and recording assignment, including 
consular legalization, $70. 

TRADE MARKS. 

Duration. — Indefinite. 

Requirements. — Power of attorney legalized by consul of Hon- 
duras; ten copies of the mark; certified copy of original regis- 
tered mark. 



HONGKONG. 



PATENTS. 

Term. — Letters patent are granted for inventions or a patent 
in Great Britain. They expire with the British patent. 

Applicant. — Inventor or his assignee. 

Requirements. — Petition; specification; declaration; power of 
attorney ; drawings in duplicate. 

Taxes. — None. 

Working. — There are no requirements. 

Assignment. — Preparing and recording, $35. 

TRADE MARKS. 
Duration. — Unlimited. 

Requirements. — Petition; declaration; power of attorney; and 
six copies of the mark. 



HUNGARY. 
PATENTS. 



Term. — Fifteen years. 

Applicant. — The inventor or his assignee. 

Requirements. — Legalized power of attorney; specification in 
duplicate in Hungarian ; drawings in duplicate, one on bristol- 
board and one on tracing cloth, size 8^ X 13, or 16 J X 13 inches. 

Taxes. — ^Yearly from date of filing; cost, including agency 
fees: 2nd year, $17; 3d year, $19; 4th year, $21; 5th year, $23; 
6th year, $26; 7th year, $30; 8th year, $34; 9th year, $38; 10th 
year, $47; 11th year, $62; 12th year, $67; 13th year, $77; 14th 



32 India 

year, $92; 15th year, $112. Thirty days' grace; further thirty 
days, $5. 

Working. — Within three years of grant and subsequently every 
year; cost, $26. 

Assignment. — Preparing and recording, including consular fee, 



TRADE MARKS 

The same regulations are in force in this country as in Austria. 
Americans must register in Austria and Hungary. 

COPYRIGHTS. 

Registration not necessary. Protection is granted for the life 
of the author and fifty years after his death. If we register, our 
charge is $20. 

DESIGNS. 

The provisions are substantially the same as in Austria, and 
the cost the same. Americans must obtain protection in Austria 
and in Hungary simultaneously. 

We are informed that no treaty exists between Hungary and 
the United States for the protection of design patents. 



ICELAND. 

PATENTS. 

Term. — Same as the corresponding Danish patent. When no 
Danish patent exists the duration is from 5 to 10 years. 

Requirements. — The same as for Denmark. 

Taxes. — None. 

Working. — Within three years after grant and annually there- 
after. 

Assignment. — Same as Denmark. 

TRADE MARKS. 

No law exists. 



INDIA. 
PATENTS. 



Term. — Fourteen years. 



India 33 

Applicant. — Inventor or his assignee. 

Requirements. — Application; power of attorney; seven copies 
of specification; and drawings, eight copies of each sheet, on 
cloth, size 13 X 16 inches, and must be neat and clear. Photo- 
graphs will be accepted. The left-hand portion of each sheet of 
drawing, to the width of a half sheet of foolscap, that is, a width 
of 8 inches, must be left blank, so that when the sheets are opened 
out, the sheets which lie above them and contain the text of the 
application or specification will conceal no portion of the draw- 
ings. A clear margin of half an inch must be left round the por- 
tion of the sheet which is occupied by drawings. 

Taxes. — Cost, including agency fees, before the expiration of 
the 4th, 5th, 6th, 7th and 8th years, $30; before the 9th, 10th, 
11th, 12th and 13th years, $60; extension of time can be had; one 
month, $5 ; two months, $12 ; three months, $20. 

Working. — None. 

Assignment. — Preparing and recording assignment, $20. 

TRADE MARKS. 
Duration. — Unlimited. 

Requirements. — Power of attorney legalized by the British 
Consul; declaration and five copies of mark. 

DESIGNS. 

• Duration. — Five years. 

Requirements. — Four copies of the design and a power of at- 
torney; cost, $35. 

COPYRIGHTS. 

Duration. — The Indian Copyright Act XX, of 1847, enacts that 
the copyright shall endure for the natural life of the author, and 
for seven years after, dating from author^s death, or should term 
of author's life from date of publication plus seven years not 
make 42 years, then copyright to count for 42 years from date 
of publication. 

IXFORMATIOX AXD DOCUMEXTS REQUIEED. 

(a) Title of Book. 

(b) Xame of the Publisher and Place of Publication. 

(c) Xame and Place of abode of the Proprietor of the Copy- 
right. 



34 Italy 

(d) Date of First Publication 

(e) Three copies of Book with a Power of Attorney duly 
witnessed. 



ITALY. 

PATENTS. 

Term. — Fifteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — ^Legalized power of attorney; specification in 
duplicate in French or Italian; drawings in triplicate, two on 
cloth and one on bristol-board. The size of the sheets should 
not exceed 30 cen. — 11 3/16 inches in width by 40 cen. — 15f 
inches in height. A clear space or margin 5 cen. — If inches 
should be left all around. 

Taxes. — Cost, including agency fees, from date of filing ; $2 for 
each year of the term applied for (always apply for six years). 
Whatever is the length of the term the patent is subject to the 
following annual taxes: Each of the first three years, $11; 4th, 
5th and 6th years, $16; 7th, 8th and 9th years, $22; 10th, 11th 
and i2th years, $27 ; 13th, 14th and 15th years, $35 each year. 

Prolongation. — The original patent and the last certificate of 
prolongation must be produced. No extension of time granted; 
cost, $25. 

Working. — Eequired within three years. One year patent must 
be worked thereafter annually and six year patent every two years ; 
cost, $25. 

Assignment.— Preparing and recording, including consular fee, 
$24. 

TRADE MARKS. 

Duration. — Forever, 

Requirements. — Certified copy of home registration legalized 
by the Italian Consul; legalized power of attorney; five copies of 
the mark and one metal typographic block. 

COPYRIGHTS. 
Duration. — Eight years. 

Requirements. — Power of attorney legalized by the Italian Con- 
sul; two copies of the work. 



Japan 35 

DESIGNS. 

Duration. — Two years. 

Requirements. — Power of attorney legalized by the Italian 
Consul; specification in duplicate; drawings in duplicate on trac- 
ing cloth; model or photograph of the design; certified home de- 
sign legalized by the Italian Consul; cost, $25. 



JAMAICA. 

PATENTS. 

Term. — Fourteen years. 

Applicant . — Inventor. 

Requirements. — Petition; declaration; power of attorney; speci- 
fication in duplicate, legalized by the British Consul; drawings 
in duplicate. 

Taxes. — None. 

Working. — There are no requirements. 

Assignment. — Preparing and recording, $40. 

TRADE MARKS. 

Duration. — Fourteen years, renewable. 

Requirements. — Power of attorney, legalized by British Con- 
sul. Where the mark is registered in Great Britain, a certificate 
to that effect will ensure its registration in Jamaica without neces- 
sity to • advertise. 



JAPAN. 

PATENTS. 

Term. — Fifteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Power of attorney; certificate of nationality; 
specification; drawings, 6 copies of each sheet, on Japanese 
Meno, or a good quality of bond paper, in good black ink and 
not tinted. Figures must not occupy a space larger than 7.2 
X 4.6 suns — about 8-| X 5-^ inches. There must be left a blank 
margin on all sides, according to the following rules: i. e., at 
the top of the figure, 1 sun — about IJ inches; at bottom, 0.8 
of a sun — about 1 inch; on the left side, 0.3 of a sun — about 1/3 



36 Japan 

of an inch, and on the right side, 1.5 suns — about If inches. 
Work must thus occupy a field of about 8^ X 5-J inches on a sheet 
about 11 X 8 inches. On the lower part of the right or left side 
of the field shall be put only the names of the inventor and his 
agent, with the seal of the latter. As few sheets as possible must 
be used. The figures, with numerals and letters of reference, 
must be clear and strong. Each figure must have a number, and 
corresponding parts must have corresponding references. Iso 
reference marks should be put down where shade lines are drawn, 
and, if such be necessary, the part must not be shaded. When 
necessary the reference marks shall be drawn apart and fine dotted 
lead lines connect the mark and the figure. Sections should be 
shown by parallel oblique lines about 1.03 sun, i. e., about 27 or 
28 lines to the inch, and different sections of the same figure must 
be shown by different direction of lines. All shading must be 
done by lines, and no cast shade shall be made, if possible. 

Taxes. — Cost, including agency fees from date of issue: 2nd 
year, $10, increasing $5 every three years; sixty days' grace al- 
lowed. 

Working. — Within three years from date of issue and every 
three years thereafter; cost, $25. 

Assignment. — Preparing and recording assignment, $25. 

TRADE MARKS. 

Duration. — Twenty years, renewable. 

Requirements. — Power of attorney; certificate of nationalitj; 
ten copies of mark and one electrotype; certified copy of original 
registered trade mark. 

DESIGNS. 

Duration. — Three, five, seven or ten years. 
Requirements. — PoAver of attorney; certificate of nationality; 
drawings. Cost, $40. 

UTILITY MODEL. 

REGISTRATION. 
(Small Patent.) 
Term. — Three years, and may be extended for another three 
years. 

Applicant. — Inventor or his assignee. 



Lagos 37 

Requirements. — A power of attorney; certificate of nationality; 
two copies of the description; three sets of drawings made in ac- 
cordance with the rules for a regnlar patent. 

Taxes. — Kenewal at the end of three years, $45. 

The protection offered under this registration is similar in all 
respects to the Gebrauchsmuster in Germany. 



KOREA. 

We take the following from the United States Consular report 
for November, 1904: 

"Under date of September 10, 1904, United States Minister 
Allen, Seoul, Korea, reports : 'I was visited in July by the agent 
of the British and American Tobacco Company, who desired to 
have the company^s trade marks or labels registered in Korea. 
There being no system of registration of trade marks in this 
country, I secured the issuance of a proclamation forbidding the 
counterfeiting of the labels of this company or the use of their 
boxes for containing spurious goods.^ 

"The minister adds that the Japanese Minister to Korea has 
stated that his government will protect in Korea trade marks that 
are registered in Japan." 



LAGOS. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — The inventor or his assignee. 

Requirements. — Application with declaration signed by appli- 
cant, no legalization; specification in duplicate on strong white 
paper, 8 X 13, no signature necessary; drawings in duplicate, 
precisely the same as for Great Britain; power of attorney signed 
by applicant and two witnesses, who must state their occupations 
and addresses, no legalization. 

Taxes.— From date of filing 4th, 5th, 6th and 7th years, $55 
each year; 8th and 9th years, $80 each year; 10th, 11th, 12th and 
13th 3^ears, $105 each year. 

Working. — There are no requirements. 



38 Liberia 

Assignment. — Preparing and recording, $35. 

TRADE MARKS. 

Duration. — Fourteen years. 

Requirements. — Power of attorney; six copies of the mark. 



LEEWARD ISLES. 

PATENTS. 
Term. — Fourteen years, elapses with the prior foreign patent. 
Applicant. — Inventor. 
Requirements. — The same as for Jamaica. 
Taxes. — Cost, including agency fees: Before the expiration of 
the third year, $60; 7th year, $110. 
Working. — None. 
Assignment. — Preparing and recording, $40. 

TRADE MARKS. 
Duration. — Fourteeen years, renewable. 

Requirements. — Authorization; seven copies of mark and one 
electrotype. 



LIBERIA. 

PATENTS. 



Term. — Twenty years. 

Applicant. — Applicant, inventor or assignee. 

Requirements. — Petition, power of attorney; oath, legalized by 
the Liberian Consul ; certificate that the applicant is the inventor, 
certified by the Liberian Consul; specification in duplicate; draw- 
ings in duplicate. 

Taxes. — None. 

Working. — Within three years from date of patent. Cost of 
the same, $100. 

Assignment. — Preparing and recording, $50. 

TRADE MARKS. 

No law. 



Malta and Gozo 39 

LUXEMBOURG. 

PATENTS. 

Term. — Fifteen years. 

Applicant. — Inventor or assignee, preference being given to 
first applicant. 

Requirements. — Power of attorne}^; specification in duplicate 
in German or French; drawings in duplicate. 

Taxes. — Cost, including agency fees (from date of application) : 
2nd year, $7 ; 3d year, $9 ; and so on, adding $2 per year. Three 
months' grace .is given. 

Working. — Must be performed within three years. Cost, $25. 

Assignment. — Preparing and recording, including Consular fee, 
$15. 

TRADE MARKS. 
Duration. — Ten years. 

Requirements. — Power of attorney, no legalization required; 
five copies of the mark and one electrotype. 



MALTA AND GOZO. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor or his authorized agent. 

Requirements. — Power of attorney: legalized; declaration; 
specification and drawings in duplicate. 

Taxes. — Cost, including agency fees: Before the end of the 
4th year, $30; 5th, 6th and 7th years, $35 each; 8th, 9th years, 
$45 each; 10th year, $60; 11th, 12th and 13th years, $70 each. 

Working. — Within one year from date of issue. 

Assignment. — Preparing and recording, $35. 

TRADE MARKS. 

Duration. — Fourteen years, renewable. 

Requirements. — Power of attorney and eight copies of the 
mark. 



40 Mexico 

MAURITIUS. 

PATENTS. 

Term. — Twenty years. 

Applicant. — Inventor or his assignee. 

Requirements. — Power of attorney, legalized; petition; declara- 
tion; specification and drawings in duplicate. 

Taxes. — None. 

Working. — None. 

Assignment. — Preparing and recording, including Consular fee, 
$50. 

TRADE MARKS. 
Duration. — Unlimited. 

Requirements. — Power of attorney; five specimens of mark and 
three electros. The mark must be advertised in three daily papers. 



MEXICO. 
PATENTS. 



Term. — Twenty years. 

Applicant. — Inventor. 

Requirements.— Power of attorney; specification in duplicate; 
drawings in triplicate ; one on bristol-board and two on tracing 
cloth, 10 X 15. 

Taxes. — Cost, including agency fees, $25 for 20 years or $5 
for the first year and $20 for the rem.aining 19 years (advisable 
to pay the $25 for the full term in advance). 

Working. — Before the expiration of three years; grant of li- 
cense compulsory. 

Assignment. — Preparing and recording, including Consular fee, 
$35. 

TRADE MARKS. 

Duration. — Twenty years; renewable every twenty years. 

Requirements.— Legalized power of attorney; twelve copies 
of the mark and electrotype. 

Art. 9. Eegistered Marks must bear inscriptions stating re- 
spectively : 

I. Those used bv manufacturers, industrialists, agriculturists. 



Natal 41 

etc. "Marca Industrial Eegistrada/' or "M. Ind. Egtrda/'; also 
the number and date of registration. 

II. Those used by Merchants "Marca de Comercio Eegistrada," 
or "M. de C. Egtrda.^^, with number and date of registration. 

III. When the marks consist of names, denominations, in- 
scriptions, etc., or of initial letters or abbreviations; or when they 
consist of signs, marks or symbols accompanied by names, de- 
nominations, etc., or initial letters or abbreviations, the said 
marks must bear in a visible manner the name of the owner of 
the industry, the name of the business, manufactory, etc., if 
it has one, and its location. 

DESIGNS. 
Duration. — Twenty years. 

Requirements. — Power, legalized by Mexican Consul; three 
copies, drawings or photographs. 



MYSORE. 

PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Application; power of attorney; seven copies 
of specification and seven copies of drawings. 

Taxes. — Cost, including agency fees, before the expiration of 
the 4th, 5th, 6th, 7th and 8th years, $30; before the 9th, 10th, 
11th, 12th and 13th years, $60; extension of time can be had; 
one month, $5 ; two months, $12 ; three months, $20. 

Working. — None. 

Assignment. — Preparing and recording assignment. 



NATAL. 

PATENTS. 
Term. — Fourteen years. 

Applicant. — Inventor or his assignee, or importer. 
Requirements. — Power of attorney, legalized; specification in 
duplicate and drawings in duplicate. 



42 Newfoundland 

Taxes. — Before the end of the 3d year, $30; before the end of 
the 7th year, $60. 
Working. — None. 
Assignment. — preparing and recording, 



TRADE MARKS. 
Duration. — Fourteen years, renewable for similar periods. 
Requirements. — Application; power of attorney; six copies of 
the mark; electrotype. 

Trade marks of Natal have full protection in Zululand. 



NEGRI-SEMBILAN. 

PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Petition accompanied by declaration; power of 
attorney in duplicate legalized by the British Consul; certified 
copy of British patent; specification and drawings in duplicate 
same as for Great Britain. 

Taxes. — None. 

Working. — There are no conditions. 

Assignment. — Preparing and recording assignment, $25. 



NEWFOUNDLAND. 



PATENTS. 

Term. — Fourteen years, limited by earlier foreign patent. 

Applicant. — Inventor; where a foreign patent exists the as- 
signee or owner of the foreign patent may apply. 

Requirements. — Petition; oath; specification, legalized by the 
British Consul; drawings in duplicate. 

Taxes. — None. 

Working. — Within two years from date of patent. 

Assignment. — Preparing and recording, including Consular fee, 
$25. 

TRADE MARKS. 
Duration. — Indefinite. 



Nicaragua 43 

Requirements. — Power of attorney; declaration, legalized by 
British Consul and six copies of the mark. 



NEW ZEALAND. 
PATENTS. 



Term. — Fourteen years. 

Applicant. — The inventor or his assignee or commnnicator. 

Requirements. — Specification in duplicate; application form; 
statement of address ; drawings in duplicate ; one on tracing cloth, 
and one on drawing paper, size 8 X 13 inches or 13 X 16 
inches. Lines in good black ink, same strength and color being 
maintained throughout. Shading in lines clearly and distinctly 
drawn, and as open as consistent with the required effects. Sec- 
tion lines not too closely drawn. Letters and figures of refer- 
ence bold and distinct. ]^o color must be used for any purpose 
upon the duplicate of the drawing. All drawings or copies must 
be delivered flat or rolled upon a roller to avoid creases or 
breaks. 

Taxes. — Cost, including agency fees: Before the end of the 
4th year, $30; before the end of the 7th year, $60. Patents to 
be forwarded for indorsement. 

Working. — There are no provisions. 

Assignment. — Preparing and recording assignment, $25. 

TRADE MARKS. 
Duration. — Fourteen years, renewable every fourteen years. 
Requirements. — Power of attorney; statement of address; ap- 
plication; five copies of mark and one electrotype. 

DESIGNS. 

Duration. — Five years; not renewable. 

Requirements. — Application accompanied by four exactly sim- 
ilar sketches, drawings, photographs, or tracings of the design, 
or by four specimens of the design; authorization. 



-O—r- 



NICARAGUA. 

PATENTS. 
Term. — The duration of a patent is fixed by the government. 



44 Northern- Nigeria 

It -iisiially mns from five to ten years. Patents are granted by 
Congress. 

Applicant. — The inventor or his assignee (assignment must 
be produced). 

Requirements. — Legalized power of attorney ; drawings in dupli- 
cate; specification in duplicate. 

Taxes. — There is an annuity payable on the 1st of January of 
each year during the life of the patent, which amounts to from 
$20 to $100, according to the importance of the undertaking. 
There is no grace for paying taxes. 

Working. — Within one year from date of grant of the patent, 
not to be abandoned thereafter for more than one year. 

Assignment. — Preparing and recording assignment, including 
consular legalization, $75 

TRADE MARKS. 

Term. — Ten years. 

Requirements. — Power of attorney legalized by the Mcaraguan 
Consul; ten copies of the mark; one electrotype. 



NORTHERN NIGERIA. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Petition with an application, signed by the 
applicant; six copies of the specification and six copies of the 
drawings upon any kind of paper or tracing cloth; copy of the 
British patent; power of attorney signed by two witnesses, whose 
full address must be given. 

Taxes. — From date of filing; before the expiration of the 4th 
year, $350; before the expiration of the 8th year, $700. 

Working. — There are no requirements. 

Assignment. — Preparing and recording assignment, $50. 

TRADE .MARKS. 

Duration. — Fourteen years, renewable. 

Requirements. — Power of attorney; six copies of the mark; 
electrotpye or woo^ cut. 



Oman 45 

NORWAY. 

PATENTS. 

Term. — Fifteen years. 

Applicant. — The inventor or his assignee (who must forward 
legalized assignment papers). 

Requirements. — Power of attorney; specification in duplicate 
in Norwegian; drawings in duplicate, one copy on bristol-board, 
and one on cloth. The bristol-board copy must be in good black 
ink, Avith no colors or washes. Any one of these sizes is allow- 
able: (a) 13 X 8i inches; (b) 13 X 16^ inches; (c) 13 X MJ 
inches, including a margin of f of an inch all around, and IJ 
inches blank inside margin at the top. Signatures of the appli- 
cant must be placed in the lower right-hand corner. All writing 
must be inside the margin. 

Taxes. — Cost, including agency fees, annually from date of ap- 
plication; 2nd year, $6; 3d year, $7.50, and so on, increasing 
$1.50 per year. Mnety days' extension; fine one-fifth of the 
amount of annuity. 

Working. — Must be proved within three years of grant and 
must not be discontinued for a year at any time thereafter. Cost, 
$35. 

Assignment. — Preparing and recording, including Consular fee 
and legalized power of attorney, $17. 

TRADE MARKS. 

Duration. — Ten years, which may be extended for like periods. 

Requirements. — Certified copy of home registration, legalized 
by Norwegian Consul; legalized power of attorney; five copies of 
mark and two electros or wood cut. 

COPYRIGHTS. 

Protection is granted without any formalities with regard to 
registration. 



OMAN. 

PATENTS. 

There is no patent law in this state, but exclusive privileges 
may be obtained through the medium of the British political 
authorities at Muscat. 



46 Pahang 

The closest relations have for year existed between the govern- 
ments of India and Oman^ and the trade, which is considerable, 
is practically in Anglo-Indian hands. 

TRADE MARKS. 

There is no ordinance relating to trade marks, bnt advertise- 
ment of ownership, registration at the cnstom house of Muscat 
or public use of a mark would be considered as ground for rais- 
ing action against infringement. 



ORANGE RIVER COLONY. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor or importer. 

Requirements. — Ijegalized power of attorney; petition; specifi- 
cation in duplicate; drawings in duplicate. 

Taxes. — Cost, including agency fees: Before the end of the 
3d year, $30 ; before the end of the 7th year, $60. 

Working. — There are no conditions. 

Assignment. — Preparing and recording, including consular fee, 
$40. 

TRADE MARKS. 

Duration. — Unlimited. 

Requirements. — Power of attorney; six copies of the mark, 
electrotpye or wood cut. 



PAHANG. 

PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Petition accompanied by declaration; power of 
attorney in duplicate legalized by the British Consul; certified 
copy of British patent; specification and drawings in duplicate 
same as for Great Britain. 

Taxes. — None. 

Working. — There are no conditions. 

Assignment. — Preparing and recording assignment, $25. 



Paraguay 47 

PANAMA. 

PATENTS. 

Term. — From five to twenty years. 

Applicant. — The inventor. 

Requirements. — Power of attorney, legalized by Panama Con- 
sul; specification in duplicate; drawings in duplicate. 

Taxes. — Cost of protection for each year is $10. The minimum 
of years for which protection can be secured is five. 

"Working. — Xone. 

Assignment. — Preparing and recording, $40. 

TRADE MARKS. 

Duration. — Unlimited. 

Requirements. — Power of attorney legalized; certified copy of 

home registration; five facsimiles of the mark. 
<t 

COPYRIGHTS. 

Duration. — Forever. 

Requirements. — Three copies of the book or pamphlet; legal- 
ized power of attorney. Cost, $35. 



PANAMA CANAL ZONE. 

The Isthmian Canal Commission, under date of November 30, 
1904, wrote to the Secretary of War as follows: 

There has been no legislation by this commission with regard 
to the registration and protection of patents or trade marks in 
the Canal Zone, as we are advised by our counsel that this must 
come from the Congress of the United States, we hope that this 
matter will be taken up early in the coming session. 



PARAGUAY. 

PATENTS. 

Term. — Ten years. 

Applicant. — The inventor or his assignee (assignment must be 
produced). 

Requirements. — Legalized power of attorney; specification in 
duplicate; drawings in triplicate. 



48 Peeu 

Taxes. — IN'one. 

Working. — No formalities are required for proving the work- 
ing. 

Assignment. — Preparing and recording, including consular fee, 
$50. 

TRADE MARKS. 

Duration. — Ten years, renewable. 

Requirements. — Power of attorney, legalized by Paraguayan 
Consul ; seven copies of mark. 



PERAK. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Inventor or his assignee. » 

Requirements. — Petition accompanied by declaration; power of 
attorney in duplicate, legalized by the British Consul; certified 
copy of British patent; specification and drawings in duplicate 
same as for Great Britain. 

Taxes. — None. 

Working. — There are no conditions. 

Assignment. — Preparing and recording assignment, $25. 



PERU. 

PATENTS. 

Term. — Ten years. 

Applicant. — The inventor or his assignee (assignment must be 
produced). 

Requirements. — Legalized power of attorney; specification in 
triplicate; drawings itL triplicate. 

Taxes. — None. 

Working. — Term of working is generally two years. Cost, 
$75. 

Assignment. — Preparing and recording, including consular fee, 
$50. 

TRADE MARKS. 

Duration. — Ten years, renewable. 



Portugal 49 

Requirements. — Power of attorney, legalized by Peruvian Con- 
sul; eight copies of mark. 



PHILIPPINE ISLANDS. 

PATENTS. 

Protection is secured by filing a certified copy of the TJ. S. 
patent and power of attorney with the Military Governor at 
Manila. 

TRADE MARKS. 

Duration. — Thirty years, renewable. 

Requirements. — One drawing; letter of advice; statement; dec- 
laration; power. 



PORTO RICO. 



PATENTS. 

Protection is secured by filing a certified copy of the U. S. 
patent and power of attorney with the Military Governor at San 
Juan. 

TRADE MARKS. 

Duration. — Thirty years, renewable. 

Requirements. — One drawing; letter of advice; statement; 
declaration; power. 



PORTUGAL. 

PATENTS. 

Term. — Fifteen years. 

Applicant. — The inventor or his assignee. 

Requirements. — Power of attorney; specification in duplicate 
in Portuguese; drawings in duplicate. 

Taxes. — Cost, including agency fees, yearly from grant of pat- 
ent, $13. Grace is* now allowed, under fine of 25% if the pay- 
ment is effected within the following 30 days, and of 50%, if 
made within the following 60 days. The filing of the Letters 
Patent is no longer required. 



50 Ehodesia 

Working. — Must be proved within two years of grant and every 
two years thereafter. Cost^ $30. . 

Assignment. — Preparing and recording, including consular 
legalization; cost, $25. 

The patent covers Portugal and the Azores and Madeira Is- 
lands. Separate patents are required for the colonies. 

TRADE MARKS. 
Duration. — Ten years, renewable. 

Requirements. — Power of attorney; twelve copies of the mark 
and one electrotype. 

DESIGNS. 

Duration. — Five years. 

Requirements. — Legalized power of attorney; six copies of the 
design and two statements thereof, stating the articles to which 
it applies. Cost, $30. 



PORTUGUESE COLONIES. 

PATENTS. 

Separate patents for each, namely: Cape Verde, Guinea, St. 
Thomas and Prince, Angola, Mozambique, Portuguese Indies, and 
Macao and Timor. Term, 20 years. 

Exactly the same proceedings as for Portuguese patents; 
same documents required. 



RHODESIA. 
PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor. 

Requirements. — Legalized power of attorney; petition; specifi- 
cation in duplicate; drawings in duplicate. 

Taxes. — Before the expiration of the 3d year, $60; before the 
expiration of the Tth year, $110. Letters patent required for en- J 
dorsement. ■ 

WorMng. — There are no conditions. 

Assignment. — Preparing and recording. 



I 



EussiA 51 

TRADE MARKS. 
Duration. — Fourteen j^ears^, renewable for similar periods. 
Requirements. — x\pplication ; declaration legalized by British 
Consul; power of attorney; six copies of mark; one electrotype. 



ROUMANIA. 
PATENTS. 



Term. — Fifteen years. 

Applicant. — Inventor or assignee. 

Requirements. — Legalized power of attorney, specification and 
drawings in duplicate. 

Taxes. — From date of filing, 1st, 2nd and 3rd years, $14; 4th 
and 5th years, $28; 6th, 7th, 8th, 9th and 10th years, $55; 11th, 
12th, 13th, 14th and 15th years, $100. 

Working. — Four years from date of issue and shall not be in- 
terrupted for more than two years. 

Assignment. — Preparing and recording assignment, $20. 

TRADE MARKS. 

Duration. — Fifteen years, renewable for like periods. 
Requirements. — Power of attorney, legalized by Eoumanian 
Consul, and five copies of mark. 



RUSSIA. 

PATENTS. 

Term. — Fifteen years, limited by earlier foreign patent. 

Applicant. — The inventor or his assignee (assignment must be 
produced and recorded). 

Requirements. — Legalized power of attorney; specification in 
duplicate in Eussian; drawings in duplicate, one on tracing cloth 
and one on bristol-board, size 8X13 or 13X16 inches, with a 
margin of one inch all around and one inch inside the border 
line at the top for heading. The word Fig. must not appear 
on the drawings. Drawings of agricultural implements hiust be 
made to a scale and the scale indicated on the drawings. 

Taxes. — Cost, including agency fees (from grant of patent) : 
2d year, $18; 3rd year, $21; 4th year, $24; 5th year, $32; 6th 



52 San" Salvador 

year, $37; 7th year, $47; 8th year, $62; 9th year, $77; 10th year, 
$97; adding $25 each year. One month^s extension add 10 
percent of the annual fee due; two months 15 per cent and 
three months, 25 per cent. 

Working. — Must be proved within five years from the date of 
grant. Actual manufacture or working on commercial scale is 
alone accepted. Cost uncertain. 

Assignment. — Preparing and recording, including Consular 
legalization, $20. 

TRADE MARKS. 

Duration. — Ten years, renewable for like periods. 

Requirements. — Certified copy of home registration, legalized by 
Eussian Consul; legalized power of attorney; one hundred and 
ten copies of the mark and electrotype must contain the name of 
the proprietor in Eussian. 

COPYRIGHTS. 

There is no registration in this country. Books are printed in 
the Eussian language. The publisher can bring lawsuit against 
infringers. 

DESIGNS. 

Duration. — From one to ten years. 

Requirements. — Power of attorney and declaration, legalized by 
Eussian Consul; three drawings on tracing cloth. Cost, $30. 



SAN SALVADOR. 



PATENTS. 

Term. — Twenty years, limited by earlier foreign patents. In 
exceptional cases term may be extended an additional five years. 

Applicant. — Inventor or his assignee (assignment must be pro- 
duced). 

Requirements. — Legalized power of attorney; drawings in 
duplicate; specification in duplicate. 

Taxes. — From date of grant. At the end of the 5th year, $50 ; 
at the end of the 7th year, $75 ; at the end of the 15th year, $150. 
Two months' grace allowed without fine. 

Working. — There are no requirements. 



St. Lucia 53 

Assignment. — Preparing and recording assignment, including 
consular legalization, $75. 

TRADE MARKS. 

Duration. — Indefinite. 

Requirements. — Power of attorney, legalized by Consul; certi- 
fied copy of original registered mark, legalized by Consul of San 
Salvador; ten copies of the mark. 



SANTO DOMINGO. 

PATENTS. 

Special concessions or. privileges in the nature of patents can 
be secured by special act of Congress. 

Applicant. — Inventor or his assignee. 

Requirements. — Power of attorney legalized by Dominican Con- 
sul; specification and drawings in duplicate. 

Taxes. — None. 

Working. — There are no requirements. 

Assignment. — Preparing and recording, $35. 

TRADE MARKS. 

There is no law relating to the registration of trade marks, and 
in the absence of such ordinance the usual course to obtain pro- 
tection is by public advertisement of the mark with claim of ex- 
clusive ownership. 



ST. LUCIA. 

PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Application with declaration signed by appli- 
cant, no legalization required; authorization signed by applicant, 
no legalization required; specification and drawings in duplicate, 
same as for G-reat Britain. 

Taxes.— $18 before the expiration of the 4th year; $23 before 
the expiration of the 5th year; $28 before the expiration of the 6th 



M St. Vincent 

year^ and so on, adding $5 each year. Fine for one month^s ex- 
tension, $5 ; two months, $15, and three months, $25. 

Working. — There are no requirements. 

Assignment. — Preparing and recording assignment, 



TRADE MARKS. 

N"© trade-marks act. 

Protection can be obtained under the Merchandise Marks Ordi- 
nance 1888 No. 22. 

Same documents necessary as for Great Britain. 



ST. HELENA. 



PATENTS. 

Term. — For unexpired term of the British patent. 
Applicant. — Inventor, importer or communicator. 
Requirements. — Petition; declaration; power of attorney; cer- 
tified copy of the British patent. 
Taxes. — None. 
Working. — None. 
Assignment. — Preparing and recording, $50. 

TRADE MARKS. 

There are no special regulations as regards trade marks, the 
laws in force in Great Britain being taken for guidance according 
to paragraph 23 of Ordinance 3 of 1895. 



ST. VINCENT. 
PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Application with declaration signed by appli- 
cant, no legalization required; authorization signed by applicant, 
no legalization required; specification and drawings in duplicate, 
same as for Great Britain. 

Taxes. — $18 before the expiration of the 4th year; $23 before 
the expiration of the 5th year ; $28 before the expiration of the 6th 



Servia ^o 

year, and so on, adding $5 each year. Fine for one montVs ex- 
tension, $5; two months, $15, and three months, $25. 

Working. — There are no requirements. 

Assignment. — Preparing and recording assignment. 



TRADE MARKS. 

^0 trade-marks act. 

Trade marks can he protected nnder Merchandise Marks Ordi- 
nance 1888 No. 8 (Subst. British). 



SELANGOR. 
PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor or his assignee. 

Requirements. — Petition accompanied by declaration; power of 
attorney in duplicate legalized by the British Consul; certified 
copy of British patent; specification and drawings in duplicate, 
same as for Great Britain. 

Taxes. — None. 

Working. — There are no conditions. 

Assignment. — Preparing and recording assignment, $25. 



SERVIA. 

PATENTS. 

No law exists for the protection of patents. 

TRADE MARKS. 

Duration. — Ten years, renewable for like periods. 
Requirements. — Power of attorney legalized by Servian Consul ; 
five copies of mark and a sample of material marked. 

DESIGNS. 

Duration. — From one to ten years. 

Requirements. — Power of attorney legalized; drawings in dupli- 
cate; statement. Cost for one year, $10; each additional year, $5 
more. 



56 Southern- I^igeeia 

SEYCHELLES. 

PATENTS. 

Patents are granted for fourteen years to the inventor or first 
importer into the colony of any invention. Taxes of 500 rupees 
and of 1,000 rupees are payable before the expiration of the 4th 
and 7th years, respectively, of the life of the patent, or payment 
may be made in annual installments. 

TRADE MARKS. 

'No trade marks act exists. Trade marks may be protected under 
the Merchandise Marks Ordinance 1903, No. 23 (Subst. British). 

Articles 103-5 of the Penal Code (Mauritius Ordinance 6 of 
1838) as to counterfeit marks. 



SIAM. 

PATENTS. 

There is no patent law in this state, but the Siamese govern- 
ment will take an interest in the introduction of inventions which 
would be advantageous to the state, and will grant exclusive privi- 
leges for new inventions of certain kinds. 



SOMALILAND PROTECTORATE. 

PATENTS. 

No regulations have been issued with regard to patents in this 
state, and in the absence of such regulations decision in these 
matters would rest with the foreign office, to whom special refer- 
ence would have to be made in each case. 



SOUTHERN NIGERIA. 

PATENTS. 

Term. — Fourteen years. 
Applicant. — Inventor or his assignee. 

Requirements.Petition with an application, signed by the ap- 
plicant; six copies of the specification and six copies of the draw- 



Spaijt 57 

ings upon any kind of paper or tracing cloth; copy of the British 
patent; power of attorney signed by two witnesses^, whose full 
address must be given. 

Taxes. — From date of filing; before the expiration of the 4th 
year, $350; before the expiration of the 8th year, $700. 

Working. — There are no requirements. 

Assignment. — Preparing and recording assignment, $50. 

TRADE MARKS. 

Duration. — Fourteen years. 

Requirements. — Power of attorney ; six copies of the mark ; elec- 
trotype or wood cut. 



SPAIN. 

PATENTS. 

Term. — Twenty years; if foreign patent exists, patent will run 
for five years. 

Applicant. — The inventor or his assignee. 

Requirements. — Power of attorney; specification in duplicate 
in Spanish; drawings in duplicate, on cloth, size 8^x12^ inches. 

Taxes. — Including agency fees yearly from date of patent; 2d 
year, $7 ; 3d year, $9, and so on, adding $2 for each year, counting 
from the date of signature of patent. Annuities can be paid with- 
out fine until the last day of the month in which the patent was 
issued. One month^s grace with a fine of $2; two months, $4; 
three months with fine of $6. 

Working. — Must be proved within three years of grant, and 
continuously yearly, cost $50. 

Assignment. — Preparing and recording, including consular 
legalization, $40. 

TRADE MARKS. 

Duration. — Five, ten or twenty years, renewable for like periods. 

Requirements. — Certified copy of home registration, legalized by 
Spanish Consul; legalized power of attorney; five specimens of 
mark and one electrotype. 

COPYRIGHTS. 

This country does not grant copyrights to American citizens, as 
there is no treaty between the United States and Spain. 



58 SURIE-AM 

DESIGNS. 

Duration. — Twenty years. 

Requirements. — Power of attorney; and five specimens of the 
design. 



STRAITS SETTLEMENT. 

PATENTS. 

Term. — Fourteen years. 

Applicant, — Inventor or his assignee. 

Requirements. — Petition, accompanied by declaration; certified 
copy of the British patent; power of attorney; specification in 
duplicate and drawings in duplicate; same as for G-reat Britain. 

Taxes. — N'one. 

Working. — There are no conditions. 

Assignment. — Preparing and recording assignment, $.25. ■ 

TRADE MARKS. 

There is no trade marks act in this colony, the only form of 
registration being with the Collector of Customs. Protection is, 
however, assured by advertisement of ownership in local papers, 
infringement of trade marks being a criminal offense. 



SUDAN. 

PATENTS. 

It has been decided that all patents and trade marks for which 
protection has been obtained in the Mixed Tribunal of Egypt 
shall be equally protected in Sudan ; still we advise advertisements 
in the Sudan Goverment Grazette, which has been held sufficient 
proof of lodgment of claim. 



TRADE MARKS. 



See above. 



SURINAM. 
(Dutch Guiana.) 

PATENTS. 

No patent law exists. 



Sweden" 59 

TRADE MARKS. 

Duration. — T^Yenty years, renewable. 

Requirements. — Power of attorney; six facsimiles of mark, 
The publication of the application must be inserted in the Official 
Journal of Surinam. 



SWEDEN. 
PATENTS. 



Term. — Fifteen years. 

Applicant. — The inventor or his assignee (who must furnish 
legalized assignment papers). 

Requirements. — Power of attorney; specification in duplicate in 
Swedish; drawings in duplicate, one copy on bristol board and 
one on cloth. The bristol board copy must be in good black ink, 
with no colors or washes. Any one of these sizes is allowable: 
(a) 13x8;^ inches; (b) 13x165^ inches; (c) 13x24^ inches, in- 
cluding a margin of ^. of an inch all around, and 1^ inches 
blank inside margin at the top. Signatures of the applicant must 
be placed in the lower right-hand corner. 

Taxes. — Including agency fees, from date of application, before 
the end of the 1st, 2nd, 3rd and 4th years, $10; 5th, 6th, 7th, 8th 
and 9th years, $17; 10th, 11th, 12th, 13th and 14th years, $26; 
payable yearly from date of application. Extension of ninety days 
allowed on adding one-fifth of the amount of the fee, by way of 
fine. 

Working. — Must be proved within three years from date of 
grant, and not abandoned for more than one year. Extension for 
one year can be obtained. Cost of working, $30. 

Assignment. — Preparing and recording assignment, including 
consular fee, $15. 

TRADE MARKS. 

Duration. — Ten years, renewable for like periods. 

Requirements. — Certified copy of home registration, legalized 
by the Swedish Consul and legalized power of attorney. Five 
copies of mark and two electros. 



60 Switzerland 

SWITZERLAND. 

PATENTS. 

Term. — Fifteen years. 

Applicant. — The inventor or his assignee. 

Requirements. — Power of attorney ; specification in duplicate, in 
French or Grerman; drawings in duplicate, one on tracing cloth 
and one on bristol-board ; size, 8^x13 inches, or 13x16^2 inches. 
As few sheets as practicable must be used, and where several sheets 
are necessary, it is preferred that the views be combined on the 
larger-sized sheets (13xl6J^/^ inches), so as to make as few sheets 
as possible. The bristol-board copy must be in good black ink 
only, without colored lines or tints. The duplicate copy on cloth 
may have the parts designating the invention colored. Treatment 
must be even, lines of equal importance being of equal strength. 
The fine lines for sections and those which represent parts must 
not run into one another. Shading must be limited to what is 
absolutely necessary. Letters of reference and numerals must be 
strong and distinct, and not less than 3 mm. — about % of an inch 
in height. Same letters must be used for the same parts. In 
complicated constructions the letters should be outside the out- 
lines, and connected by hair-lines with the parts designated. The 
scale of drawings must be large enough for clearness, and if the 
scale is given on the drawing it must not be in words, but graph- 
ically and according to the metric scale. 

Provisional patents must be completed by furnishing proof of 
an existing model by filing the said model or a photograph of the 
same within three years. 

Taxes. — Including agency fees, yearly from date of application : 
2nd year, $9 ; 3d year, $11, and so on, increasing $2 each year. 
Three months' grace is allowed without extra payment. 

Working". — Must- be proved within three years. Proof may be 
furnished by photograph of features claimed. Cost, $16. If work- 
ing is not done to a sufficient extent within the time stipulated the 
patent will be revoked. Law strictly upheld. 

Assignment. — Preparing and recording, including consular fee, 
S18. 

TRADE MARKS. 

Duration. — Fifteen years. 

Requirements. — Certified copy of home registration legalized by 



Transvaal 61 

Swiss Consul ; power of attorney (no legalization required) ; five 
copies of mark and one wood cut or electrotype; declaration or 
the like verifying applicant's business must be produced. 

COPYRIGHTS. 

Duration. — Duration of the copyright is the life of the author 
and thirty years after his death. 

Requirements. — Power of attorney and a copy of the book in the 
original language. Cost^ $50. 

DESIGNS. 

Duration. — Two to fifteen years. 

Requirements. — Power of attorney; drawings in duplicate on 
tracing cloth. Cost^ $20 for two years ; can be extended. 



TRANSVAAL. 

PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor, importer or communicator. 

Requirements. — Power of attorney, legalized; application; 
specification in duplicate; drawings in duplicate, on drawing 
paper of smooth surface and good quality without color or washes. 
Eeference letters must be bold and distinct, and the same letters 
should be used in different views of the same parts. Drawings 
must bear the name of the applicant (and in the case of drawings 
left with a complete specification after a provisional specification 
the number and year of the application) in the left-hand top cor- 
ner, and the signature of the applicant or his agent in the right- 
hand bottom corner. No written description of the invention 
should appear on the drawings. When scale is shown on the 
drawings it should be denoted not by words, but by a drawn scale. 

Taxes. — Cost, including agency fees: At the expiration of the 
3rd year, $15; 4th year, $20, adding $2.50 each year. 

Working. — No requirements. 

Assignment. — Preparing and recording, including consular fee, 
$50. 

TRADE MARKS. 

Duration. — Indefinite. 



62 ^ Turkey 

Requirements. — Power, legalized by British Consul; applica- 
tion; six copies of mark and one electrotype. 



TRINIDAD. 
PATENTS. 



Term. — Fourteen years. 

Applicant. — Inventor or importer. 

Requirements. — Petition; declaration; power of attorney; speci- 
fication in duplicate and drawings in duplicate. 

Taxes. — 'None. 

Working'. — There are no requirements. 

Assignment. — Preparing and recording, including consular fee, 
$50. 

TRADE MARKS. 

Duration. — Fourteen years ; renewable. s 

Requirements. — Power of attorney; eight copies of mark; elec- 
trotype or wood cut. 



TUNIS. 

PATENTS. 

The law in this French colony resembles in all substantial ef- 
fects the law in France. 

TRADE MARKS. 

Duration. — Fifteen years, and can be extended. 
Requirements. — Power, legalized by French Consul; five speci- 
mens and one electrotype. 



TURKEY. 

PATENTS. 



Term. — Fifteen years. 

Applicant. — The inventor or his assignee. 

Requirements. — Legalized power of attorney; specification in 
duplicate in Turkish ; drawings in duplicate. 

Taxes. — Including agency fees, $20 each year from date of ap- 
plication. 



United States 63 

Working. — Must be proved within two years of grant of the 
patent. The working is not to be interrupted for more than two 
years at any time. Proof of working, $50 ; cost varies, but average 
]S $50. 

Assignment. — Preparing and recording assignment, including 
consular legalization fee, $25. 

TRADE MARKS. 
Duration. — Fifteen jesus, renewable for like terms. 
Requirements. — Legalized power of attorney; four copies of 
mark and one electro or wood cut. 

COPYRIGHTS. 

Copyright can be procured only by special order of the industrial 
section of the Ministry of Commerce. Cost, $50. 



UNITED STATES. 
PATENTS. 



Term: — Seventeen years. 

Applicant. — inventor. 

Requirements.— Petition ; power of attorney; oath; specifica- 
tion and drawings, one copy on smooth white card (bristol-board), 
15 inches deep by 10 inches wide, with 1-inch marginal line. 
Space of 1^4 inch in breadth to be left blank within the margin 
along each of the shorter dimensions of the sheet. One of the 
shorter sides to be the top. All views to lie in the same way on 
each sheet. Sections represented by solid black lines are objected 
to. A tracing or blue print should always be sent for use of the 
attorney. 

Taxes. — Twenty dollars for seventeen years. 

Assignment. — Preparing and recording, $5. 

TRADE MARKS. 

Duration. — Twenty )^ears, renewable. 

Requirements. — One drawing; petition; power; statement; 
declaration ; appointment of representative ; five facsimiles ; certi- 
fied copy of home registration, legalized by United States Consul. 



64 Ukuguay 

COPYRIGHTS. 

Duration. — Term of cop}- right is twenty-eight years; renewable 
for fourteen years. 

Requirements. — One copy of the printed title. Not later than 
the day of publication in this country or abroad two complete 
copies of the best edition of each book or other article must be 
delivered or deposited in the mail within the United States, ad- 
dressed Librarian of Congress, Washington, D. C. 

DESIGNS. 

Duration. — Three and a half, seven or fourteen years. 
Requirements. — Power of attorney; specification; oath taken 
before United States Consul and drawings. 



URUGUAY. 

MTENTS. 

Term. — Three, six or nine years. 

Applicant. — The inventor or his assignee (assignment must be 
produced) . 

Requirements. — Legalized power of attorney; if foreign patent 
exists, legalized copy thereof; specification in duplicate; drawings 
in duplicate. 

Taxes. — Cost, including agency fees, $30 per year, payable with- 
in the first ten days of each year. 

Working. — The executive fixes, in each case, the term in which 
the patentee must work the invention and informs the Patent 
office about it. Cost, including agency fees, $60. 

Assignment.— Preparing and recording assignment, $50. 

TRADE MARKS. 

Duration. — Ten years ; renewable every ten years. 

Requirements. — Power of attorney, legalized by L^ruguayan 
Consul; certified copy of original registered mark in the coimtry 
where the proprietor of the mark is established, legalized by the 
Urguayan Consul ; ten copies of the mark. 



Zanzibar B5 

VENEZUELA. 

PATENTS. 

Term. — Five, ten or fifteen years. 

Applicant. — The inventor or his assignee (assignment mnst be 
produced). 

Requirements. — Legalized power of attorney ; drawings in dupli- 
cate; specification in duplicate. If foreign patent exists a certi- 
fied copy of the foreign patent. 

Working. — Must be established within the term indicated in 
the patent. The length of this term depends upon the number 
of years for which the patent has been granted; cost of work- 
ing, $50. 

Taxes. — None. 

Assignment. — Preparing and recording, including consular 
fee, $50. 

TRADE MARKS. 

Duration. — Same as in country of origin; renewable. 

Requirements. — Power of attorney, legalized by the Venezuelan 
Consul; certified copy of original registered mark, legalized by the 
Venezuelan Consul. 



WEI - HAI - WEI. 



PATENTS. 

We are advised by H. M. Commissioner that while there is no 
law in existence dealing with inventions, the government of the 
Protectorate will be prepared, if occasion arises, to introduce the 
same legislation as is in force in the Colony of Hong Kong. 



ZANZIBAR. 

PATENTS. 

Term. — Fourteen years. 

Applicant. — Invpntor or his assignee. 

Requirements. — Petition with an application, signed by the ap- 
plicant; six copies of the specification and six copies of the draw- 
ings upon any kind of paper or tracing cloth; copy of the British 
patent; power of attornev signed by two witnesses, whose full ad- 
dress must be given. 



66 ZULULAND 

Taxes. — From date of filing; before the expiration of the 4th 
year, $350; before the expiration of the 8th year, $700. 
Working. — There are no requirements. 
Assignment. — Preparing and recording assignment, $50. 

TRADE MARKS. 
Duration. — Unlimited. 

Requirements. — ; Power of attorney legalized by British Consul; 
declaration and seven copies of the mark. 



ZULULAND. 

TRADE MARKS. 

Duration. — Fourteen years, renewable for similar periods. 

Requirements. — Application; power of attorney; declaration, 
legalized by the British Consul; six copies of the mark and one 
electrotype. 

Kegistered trade marks of ISTatal have full protection in Zulu- 
land. 



Time for Filing Applications for Patents 67 

TIME FOR FILING APPLICATIONS FOR 
PATENTS 

WITHIN A LIMITED TIME AFTEK PUBLICATION: 

Canada, Ce3doii, India, Mysore, 1 year of first sealing abroad. 

Mauritius, 1 year of sealing British patent. 

New Zealand, New Guinea, Queensland, Tasmania, West Aus- 
tralia, 1 year of application for British patent. 

Mexico, 3 months after issue of first patent. 

Norway, 6 months of publication. 

Transvaal, 1 year of date of foreign patent. 

Uruguay, first year of a foreign grant. 

Venezuela, 2 years of public sale, etc. 

Victoria, about 7-8 months of first grant elsewhere. 
AT ANY TIME DURING CURRENCY OF A PATENT ELSE- 
WHERE AND EXPIRING THEREWITH SOONER: 

Belgium, Italy, Russia, Honduras, United States of Colombia, 
Congo, Argentine (limit 10 years' term), Spain (limit 
5 years' term). 

Letters of registration in Lagos, Gold Coast Colony, Gambia, 
and Southern Nigeria. 

AT ANY TIME DURING CURRENCY OF A BRITISH 
PATENT AND EXPIRING THEREWITH: 

Fiji, Hong Kong, St. Helena. 

Of a British or British Colonial pateilt: British Borneo, 

Negri Sembilan, Pahang, Perak, Selangor, Straits 

Settlements. 



THE FOLLOWING PATENTS EXPIRE WITH 
PREVIOUS PATENTS ELSEWHERE: 

Argentine, Belgium (with longest term foreign), Brazil, British 
Guiana, British Honduras, Canada, Cape Colon}'', Ceylon (or with 
British, if any), U. S. of Colombia, Congo, Costa Rica, Fiji, 
France, India (or with British, if any), Italy, Jamaica, Leeward 
Isles, Luxembourg (expires with German only, whether previous- 



68 Who May Apply in Place of the Inventor. 

ly granted or not), Mysore (or with either British or Indian, if 
either), Natal, Newfoundland, Orange Eiver Colony, Ehodesia, 
Enssia (with shortest term foreign patent), Tunis, Turkey, Vene- 
zuela. 

Patents taken under International Convention are to be 
exempt from any liability that might otherwise attach to them 
of expiring with previous patents in the other contracting States. 



WHO MAY APPLY IN PLACE OF THE 
INVENTOR. 

Assignee may apply in the following countries : 

Argentine, Austria, Belgium, Borneo, Canada (assignment 
must be produced and recorded), Ceylon, Congo, Denmark (as- 
signment must be produced and recorded), Finland, France, Ger- 
many, Hungary, Hong Kong, India (assignment must be produced 
and recorded), Italy, Japan, Jamaica (assignment must be pro- 
duced and recorded), Liberia (assignment must be produced and 
recorded), Mysore, Mauritius, Mexico, New Zealand (assignment 
must be produced and recorded), Norway (assignment must be 
produced and recorded), Peru, Eussia (assignment must be pro- 
duced and recorded), Switzerland (assignment must be produced 
and recorded),. Spain, Straits Settlements, St. Helena, Sweden 
(assignment must be produced and recorded), Turkey, Uruguay, 
Venezuela. 



Acts 



ACTS 



Governing the Union for the Protection of Industrial Property 
as from September 14th, 1902. 



I. CONVENTION OF MARCH 20th, 1883, 

For the Protection of Industrial Property, with the modifica- 
tions and additions which have been made by the 
conferences at Madrid and Brussels. 



Convention: 

Signature, March 20, 1883, at Paris. 

Deposition of the ratifications, June 6, 1884, at Paris. 

Entered into force, July 6, 1884. 

Eecords Eespecting the Endowment of the International 
Office: 

Signature, April 15, 1891, at Madrid. 

Deposition of ratifications, June. 15, 1892, at Madrid. 

Entered into force, January 1, 1898. 
Additional Charter: 

Signature, December 14, 1900, at Brussels. 

Deposition of ratifications (close of the proceedings), June 

14, 1902, at Brussels. 
Entered into force, September 14, 1902. 



List of the States That Are Members of the Union. 

Belgium^ Brazil^ Spain^ France with Algiers and Colonies, 
Great Britain, Italy, Netherlands, Portugal with Azores 
and Madeira, Servia, Switzerland, Tunis, since the convention 
entered into force. 

Norway, from July 1, 1885. 

Sweden, from July 1, 1885. 

United States of America, from May 30, 1887. 

Dutch Indies, from October 1, 1888. 

Surinam and Curacao, from July 1, 1890. 

Domingo (Eepublic), from July il, 1890. 

New Zealand and Queensland, from September 7, 1891. 



70 Acts 

Denmark and Faroe Islands, from October 1, 1894. 
Japax, from July 15, 1899. 
Germany^ from Ma}^ 1, 1903. 
Mexico, from September 7, 1903. 

His Majesty the King of the Belgians, His Majesty the Emperor 
of Brazil, His Majesty the King of Spain, the President of the 
French Eepnblic, Ihe President of the Eepnblic of Guatemala, 
His Majesty the King of Italy, His Majesty the King of the 
N'etherlands, His Majesty the King of Portugal and of the 
Algraves, the President of the Eepublic of Salvador, His Majesty 
the King of Servia and the Federal Council of Swiss Confedera- 
tion. 

Equally animated by the desire to assure, by mutual consent, 
a complete and effective protection of the Industries and Com- 
merce of the Natives of their respective States and to contribute 
towards the guarantee of the Rights of Inventors and to the in- 
tegrity of commercial transactions, have decided to form a con- 
vention for that purpose and have appointed as their Plenipoten- 
tiaries, viz. : 

Who, after having communicated to each other their respective 
full powers, which were found to be in due and proper form, 
agreed upon the following articles: 

Article 1. — The governments of Belgium, Brazil, Spain, France, 
Guatemala, Italy, the Netherlands, Portugal, Salvador, Servia 
and Switzerland have formed a Union for the Protection of In- 
dustrial Property. 

Article 2. — The subjects or citizens of each of the contracting 
States, will enjoy in all the other States of the Union, as regards 
Patents of invention, designs or industrial models, trade or 
manufacturing marks and the commercial name, the advantages 
which the respective Law^s at present allow or may allow here- 
after to the natives. Consequently they will enjoy the same pro- 
tection as the latter and the same legal remedy against any 
prejudice that may be caused to their rights, under reserve of their 
fulfilling the formalities and conditions, to which the natives are 
subjected by the interior legislation of each State. 

Article 3. — Subjects or Citizens of States that do not form part 
of the Union, who are domiciled in or have actual and bona fide 



Acts 71 

industrial and commercial establishments in the territory of one 
of the States of the Union, are assimilated with the subjects or 
citizens of the contracting State. 

Article 4. — Whosoever has in regular form made an application 
for a Patent or Invention, or the registration of a Design or in- 
dustrial model, or of a manufacturing or trade mark, in one of 
the contracting States, will enjoy a right of priority during the 
delays hereafter determined, for the purpose of making the ap- 
plication or registration in the other States, reserving always 
the rights of third parties. 

Consequently the application subsequently made for a Patent, 
or the said registrations, before the expiration of the delays, here- 
inafter mentioned, cannot be invalidated by any facts that have 
taken place in the interval, say, especially any other application 
or registration, by the publication of the invention or the working 
of the same, by the selling of copies of the design or of the model, 
or of the trade mark. 

The delays of priority mentioned above will be twelve months 
for Patents of invention, four months for designs or industrial 
models and also for manufacturing and trade marks. 

Article 4^. — The Patents applied for in the different contract- 
ing States by persons admitted to the benefits of the convention 
at the terms of Articles 2 and 3, will be independent of the Pat- 
ents obtained for the same invention in the other States, whether 
belonging to the Union or not. 

This stipulation will apply to Patents existing already at the 
time the convention comes into force. 

The same will appl}^, in case of new States joining the Union, 
as regards the existing Patents, on both sides, at the time of join- 
ing. 

Article 5. — The introduction by the Patentee into the country 
where the Patent has been granted, of articles manufactured in 
any of the States of the Union, will not involve its forfeiture. 

Nevertheless, the Patentee will remain under the obligation of 
working his Patent in accordance with the Laws of the Country, 
where he introduces the Patented articles. 

Article 6. — Any industrial or commercial trade mark, registered 
in a regular manner in the country of its origin, will be admitted 



72 Acts 

for registration and protected as such, in all the other countries 
of the Union. 

The country in which the party registering the trade mark has 
his principal estahlishment, will be considered the country of 
origin. 

If this principal establishment is not located in any of the 
countries of the Union, the country to which the said party be- 
longs, will be considered the country of origin. 

The registration may be refused in case the object to which it 
has reference, is contrary to Morals or Public order. 

Article 7. — The nature of the product to which the trade mark 
is to be affixed, can in no case form an obstacle to the registration 
of the trade mark. 

Article 8. — The commercial name will be protected in all the 
countries of the Union, without the obligation of registration, 
whether it forms part of an industrial or commercial trade mark, 
or not. 

Article 9. — Any product bearing illicitly a trade mark or a 
commercial name may be seized on importation into those States 
of the Union, in which this trade mark or commercial name is 
entitled to legal protection. 

The Seizure will take place at the request either of the proper 
public officer or of the interested party, in accordance with the 
interior legislation of each State. 

In the States the legislation of which does not allow seizure 
on importation, this seizure may be replaced by a prohibition of 
importation. 

The authorities are not bound to effect seizure in case of transit. 

Article 10. — The stipulations of the preceding article will be 
applicable to any product bearing falsely, as indication of origin, 
the name of a definite locality, if this indication is added to a 
fictitious or borrowed commercial name, with fraudulent in- 
tentions. 

As interested party will be considered any producer, manu- 
facturer or merchant, engaged in the production, the manufacture 
or the selling of the product, and established either in the locality 
falsely indicated, as place of origin, or in the district where this 
locality is situated. • 



Acts '7^3 

Article 10^. — Those belonging to the convention (Art. 2 and 3) 
will enjoy in all the States of the Union, the same protection 
against dishonest competition, as is afforded to natives. 

Article 11. — The High contracting parties will afford temporary 
protection, in accordance with the legislation of each country, 
to patentable inventions, designs or industrial models, as well 
as to industrial and commercial trade marks for the products, 
which may be shown at Official International Exhibitions, or 
those officially recognized and organized on the territory of one 
of same. 

Article 12. — Each of the High contracting parties undertakes 
to establish a service of industrial protection and a Central depot 
for communicating to the Public Patents of inventions, designs 
or industrial models and trade marks. 

Article 13. — An International Office will be organized under 
the title of "International Office of the Union for the protection 
of industrial property.'' 

This Office, the expenses of which will be borne by the Admin- 
istrations of all the contracting States, will be placed under the 
high authority of the Superior Administration of the Swiss Con- 
federation and will work under its supervision. Its powers will 
be mutually determined between the States of the Union. 

Article 14. — The present convention will be submitted to 
periodical revisions, with a view to introducing improvements of 
a nature calculated to make the system of the Union more per- 
fect. To this effect the conferences will successively take place 
in one of the contracting States, between the delegates of the 
said States. 

Article 15. — It is understood that the High contracting parties 
reserve to themselves respectively, the right of making separately 
amongst themselves, private arrangements for the protection of 
industrial property, provided that such arrangements do not con- 
travene in any way against the stipulations of the present Con- 
vention. 

Article IG. — States that have not taken part in this Convention 
will be admitted to membership at their request. 



74 Acts 

This membership will be notified by diplomatic channel to the 
Grovemment of the Swiss Confederation and by the latter to all 
the others. 

It will carry with it^ by full right, adhesion to all the clauses 
and admission to all the advantages, stipulated by the present 
Convention and will come into effect one month after the for- 
warding of the notification by the Swiss Government to the other 
States of the Union, unless some other subsequent date should 
have been stated by the adhering State. 

Article 17. — The execution of the mutual undertakings con- 
tained in the present Convention is subordinated, as far as may 
be required, to the fulfilling of the formalities and rules estab- 
lished by the constitutional Laws of those of the High contract- 
ing parties, that are bound to instigate their application, which 
they undertake to do with as little delay as possible. 

\- 

Article 18. — The present Convention will be carried into effect 

within a delay of one month, commencing from the exchange of 

the ratifications and will remain in force for an indefinite period 

up to the expiration of one year from the day on which notice 

of its discontinuance may be given. 

This notice of discontinuance must be addressed to the G-ov- 

ernment charged with the receiving of adhesions. It will only 

influence the State that has given the said notice, the Convention 

remaining in force, as regards the other contracting parties. 

Article 19. — The present Convention will be ratified and the 
ratifications exchanged in Paris, within the delay of one year at 
the outside. 

In witness whereof the respective Plenipotentiaries have signed 
it and affixed their seals. 

PEOTOCOL OF THE CLOSE 

At the moment of proceeding to sign the concluded convention 
on the present date, between the Governments of Belgium, Brazil, 
Spain, France, Guatemala, Italy, the J^etherlands, Portugal, Salva- 
dor, Servia and Switzerland, for the protection of industrial prop- 
erty, the undersigned Plenipotentiaries have agreed upon as fol- 
lows : 

1. The words industrial pro^ierty are to be understood in their 



Acts 75 

broadest acceptation, in the sense that they apply not only to the 
products of Industn^ properly speaking, but also to products of 
agriculture (wines, grain, fruits, cattle, etc.) and to mineral 
products delivered to Commerce (mineral waters, etc.). 

2. Under the name of Patents of Invention, are comprised the 
different kinds of industrial Patents admitted by the legislations 
of the contracting States, such as Patents of importation. Patents 
of improvement, etc. 

3. It is mentioned that the final stipulation of Article 2 of 
the Convention is m no way prejudicial to the legislation of each 
of the contracting States, as regards the procedure practiced be- 
fore the Courts and the competency of those Courts. 

3^. The Patentee, in each countr}^, can only have his Patent 
forfeited, on account of its not having been worked, after a min- 
imum delay of three years, lasting from the application in the 
countr}^ in question and in case the Patentee does not justify the 
causes of his inaction. 

4. The first paragraph of article 6 is to be understood in the 
sense that no trade mark can be excluded from protection in any of 
the States of the Union, by the fact alone, that it does not comply 
from the point of view of the signs of which it is composed, with 
the conditions of the legislation of that State, provided it com- 
plies on that point, with the legislation of the country of its 
origin and it has been duly registered in the latter country. Sav- 
ing this exception, which only concerns the form of the Mark 
and under reserve of the stipulations of the other Articles of the 
Convention, the interior legislation of each of the States will be 
applied in each case. 

In order to avoid all false interpretation, it is understood that 
the use of public armorial bearings and insignia may be con- 
sidered as contrary to public order, in the sense of the final para- 
graph of article 6. 

5. The organization of the special service of Industrial Prop- 
erty, mentioned in Article 12, will comprise as far as possible the 
publication in each State, of an Official Periodical Paper. 

6. The expenses of the International Office instituted as per 
article 13, will be borne mutually by the contracting States. They 
are not, in any case, to exceed the sum of sixty thousand francs 
per year. 

In order to determine the contributive portion of each of the 



76 Acts 

States towards the total sum of the expenses, the contracting 
States and those that will nltimatel}^ become members of the 
Union, will be divided into 6 classes, each contributing in the 
proportion of a certain number of units, viz. : 

1st class 25 units. 4th class 10 units. 

2nd " 20 " 5th " 5 " 

3rd " 15 " 6th " 3 " 

These coefficients will be multiplied by the number of the States 
of each class and the sum of the products thus obtained, will sup- 
ply the number of units by which the total expense is to be divided. 
The quotient will give the amount of the outlay unit. 

The contracting States are classed as follows, in view of the 
division of the expenses: 

1st class. .France, Italy. -1th class, the N'etherlands. 

2nd " . Spain. 5th " . .Servia. 

-. ^^ j Belgium, Brazil, 6th " . .(ruatemala, Salvador (1), 



1 



Portugal, Switzerland. 



The Swiss administration supervises the expenses of the In- 
ternational Offix-e, advances the needful funds and makes up the 
yearly account, which will be forwarded to all the other Admin- 
istrations. 

The International Office will centralize the information of what- 
ever nature with reference to the protection of international 
property and will combine same into General Statistics to be 
distributed to all the administrations. It will study the common 
usefulness which interests the Union and will draw up, with the 
aid of the documents which are placed at its disposal b}^ the dif- 
ferent administrations, a Periodical in the French language, on 
the questions concerning the object of the Union. 

The numbers of the Periodical, the same as all documents pub- 
lished by the International Office, will be distributed amongst the 
Administrations of the States of the Union in proportion to the 
number of the above mentioned contributive units. Any sup- 
plementary copies and documents, which may be asked for, either 
by the said Administrations, or by Societies or individuals, will 



(1) Guatemala and Salvador are no longer Members of the Union. On the 
other hand the States which have become Members since 1883, have been ranked at 
their request in the following classes: Danemark, 4th class; Republic of Domingo, 
6th class; United States of America, 1st class; Great Britain, 1st class; Japan, 2nd 
class; Norway, 4th class; Sweden, 3rd class; Tunis, 6th class. 



Acts 77 

be paid for apart. The International Office must hold itself al- 
waj's at the disposal of the Members of the Union, in order to 
supply to them on the questions relating to the International 
service of Industrial Property, the special information which 
they may require. 

The Administration of the country where the next Conference 
ic to be held, will prepare with the assistance of the International 
Office the work of that Conference. 

The Manager of the International Office will assist at the sit- 
tings of the Conferences and will take part in the discussions, how- 
ever without deliberative vote. He will make a yearly report 
about his management, wdiich will be communicated to all the 
members of the Union. 

The Official language of the International Office will be the 
French lan,2-uage. 

7. — The present Closing Protocol, which will be ratified at 
the same time as the convention concluded on this day's date will 
be considered as forming an integral part of this Convention and 
will have the same force, value and duration. 

In witness whereof the Undersigned Plenipotentiaries have 
drawn up this present Protocol. 

II. ARRANGEMENT OF APRIL 14, 1891. 

Concerning the International Registration of Commercial and 

Manufacturing Trade Marks with the alterations and 

additions made therein by the Brussels Conference. 



Aerangeme^^t : 

Signature, April 14, 1891, at Madrid. 

Deposition of ratifications, June 15, 1892, at Madrid. 

Coming into force, July 15, 1902, at Madrid. 
SuPPLE:\rEXTARY AcT : 

Signature,. December 14, 1900, at Brussels. 

Deposition of ratifications (closure of official report), June 14, 

1902, at Brussels. 
Coming into force, September 14, 1902. 



List of States Which Are Members of the Restricted Union. 

Belgium, since the arrangement came into force. 
Spaix,. since the arrangement came into force. 



78 Acts 

Feance^ with Algeria and colonies, since the arrangement came 
into force. 

Switzerland, since the arrangement came into force. 

Tunis, since the arrangement came into force. 

Holland, with the Dutch East Indies, Surinam and Curacao, 
from March 1, 1893. 

Portugal, with the Azores and Madeira, from October 31, 1893. 

Italy, from October, 15, 1894. 

Brazil, from October 3, 1896. 

The undersigned Plenipotentiaries of the States enumerated 
above and in virtue of Article 15 of the International Convention 
dated March 20th, 1883, for the protection of industrial property, 
have by mutual agreement, subject to ratification, concluded the 
following arrangement. 

Article 1. — The subjects or citizens of each of the contracting 
States may insure in all the other States the protection of their 
manufacturing or commercial Trade Marks which have been ac- 
cepted and deposited in the country of their origin subject to 
ihe said Marks being deposited at the International Bureau in 
Berne through the agency of the Government of the said country 
of origin. 

Article 2. — The subjects or citizens of other States which have 
not joined in the present arrangement are on the same footing as 
the subjects or citizens of the contracting States provided that 
they, on the Territory of the restricted Union constituted by the 
said arrangement, satisfy the conditions set forth in article 3 of 
the general Convention. 

Article 3. — The International Bureau will at once register the 
Marks deposited in accordance with Article 1, and will give 
notice of such registration to the contracting States. The marks 
so registered will be published in a supplement to the Journal 
of the International Bureau by means of a block furnished by 
the depositor. 

If the deponent claims the color to be a distinctive feature of 
his Mark he shall be bound: 

1. To declare this and to attach to his deposit a description 
in which the color is mentioned. 

2. To attach to his claim copies of the said Mark in colors 
which will be attached to the notifications made bv the Inter- 



Acts 79 

national Bureau. The number of these copies will be fixed by 
the regulation as to the manner of execution. In view of the 
publicity to be given in the various States to the registered Marks 
each Administration will receive gratis from the International 
Bureau as many copies of the above mentioned publication as it 
may choose to ask for. 

Article 4. — Dating from the date of registration so effected at 
the International Bureau the protection in each of the contract- 
ing States will be just the same as if the Mark had been first 
deposited in such State. 

Article 4^. — When a Mark, already deposited in one or more of 
the contracting States, has been afterwards registered at the In- 
ternational Bureau in the name of the same holder or his repre- 
sentative, the International registration will be considered as sub- 
tituted for the earlier National registrations without prejudice 
to any rights acquired in connection with the latter. 

Article 5. — In those countries where the laws authorize it, the 
Administrations to whom the International Bureau shall notify 
the registration of a Mark, shall be entitled to declare that pro- 
tection cannot be granted to this Mark in their Territory. Such 
refusal cannot be disputed except under the conditions applicable, 
m virtue of the Convention of March 20, 1883, to a Mark de- 
posited for National registration. 

They must exercise this power within the period fixed by their 
National law and at latest, within the year of the notification 
mentioned in article 3 stating at the same time to the Interna- 
tional Bureau the motives for their refusal. 

The said declaration so notified to the International Bureau 
will be at once forwarded by the latter to the Administration of 
the country of origin and to the owner of the Mark. The party 
interested will have the same means of appeal as if the Mark 
had been directly deposited by him in the country where protec- 
tion is refused. 

Article 5^. — The International Bureau will deliver to any per- 
son making the request, subject to a fee fixed by regulation, a 
copy of the memoranda entered in the Eegister relating to any 
particular ]\rark. 



80 Acts 

Article 6. — ^The protection resulting from registration at the 
International Bureau will last 20 years from the date of regis- 
tration but may not be claimed on behalf of a Mark no longer 
under legal protection in the country of origin. 

Article 7. — Registration may always be renewed in accordance 
with the provisions of articles 1 and 3. Six months previous to 
the expiration of the period of protection the International Bureau 
will give official intimation thereof to the Administration of the 
country of origin and the owner of the Mark. 

Article 8. — The Administration of the country of origin will 
fix at its pleasure and collect on its own behalf a fee to be claimed 
from the owiier of the Mark who asks for International registra- 
tion. To this fee will be added an International charge of 100 
francs for the first Mark and 50 francs for every other Mark de- 
posited at the same time by the same owner. The annual pro- 
ceeds of this charge will be divided equalty among the contracting 
States through the agency of the International Bureau after de- 
duction of the common expenses necessary for the execution of 
this agreement. 

Article 9. — The Administration of the country of origin will 
notify to the International Bureau any annulations, erasures, 
renunciations/ transmissions and other changes, that may take 
place in the ownership of the Mark. 

The International Bureau will register these alterations and 
give immediate notice thereof in its Journal to the contracting 
Administrations and the public. 

Article 9^. — When a Mark entered in the International Eegister 
is transmitted to a person settled in a contracting State other than 
the country of origin of the Mark, the transmission shall be 
notified to the International Bureau by the Administration of 
the said country of origin. The International Bureau shall reg- 
ister the transmission and after receiving the assent of the Ad- 
ministration to which 'the new holder is subject it will give notice 
thereof to the other Administrations and publish the same in its 
Journal. 

It is not the purpose of this provision to modify the law of the 
contracting State which prohibits the transfer of the Mark unless 
accompanied by the simultaneous cession of the industrial or 
commercial concern whose products it distinguishes. 



Acts 81 

Xo transmision will be registered of any Mark entered on the 
International Eegister if made in favor of a person not estab- 
lished in one of the signatory countries. 

Article 10. — The Administrations will settle by rnntnal agree- 
ment the details relating to the execution of the present arrange- 
ment. 

Article 11. — The States of the Union for the protection of in- 
dustrial property which have not taken part in the present ar- 
rangement will be allowed on their request to join the same in 
the form provided by article 16 of the Convention of March 20th, 
1883, for the protection of industrial property. 

As soon as the Internatinal Bureau is informed that a State 
has joined the present arrangement it will forward to the Ad- 
ministration of such State in conformity with article 3 a complete 
list of the Marks then enjoying International protection. 

This list will of itself ensure for the said Marks the benefit of 
previous regulations in the Territory of the State so joining and 
will involve the delay of one year during which the Administra- 
tion interested may make the declaration provided in article 5. 

Article 12. — The present arrangement will be ratified and the 
ratifications of the same exchanged at Madrid within a period of 
six months at. latest. 

It will come into force in one month from the exchange of 
ratifications and shall have the same force and duration as the 
Convention of March 20th, 1883. 

In witness whereof the Plenipotentiaries of the States above 
enumerated have signed the present arrangement. 

III. REGULATION. 

For the Execution of the Arrangement of April 14, 1891, Concern- 
ing the Registration of Industrial or Commer- 
cial Trade Marks. 

(Text Approved by All the Administrations in 1903.) 

Article 1. — All requests for the purpose of securing the Inter- 
national resristration of an industrial or commercial Trade Mark 



82 Acts 

in virtue of the arrangement of April 14th, 1891, revised Decem- 
ber 14th, 1900, mnst be addressed by the owner of the Mark to the 
Administration of the conntry of origin in the form which the 
latter may prescribe. 

The Administration of the conntry of origin will fix at its 
pleasure and collect a fee the amonnt of which will remain in its 
possession. To this fee will be added an International charge 
fixed as follows: 

1. In the case of the deposit of a single Mark, one hun- 

dred francs. 

2. In the case of several deposits, one hundred francs 

for the first Mark and fifty francs for each of the 
other Marks deposited at the same time by the same 
owner. 

Article 2. — After having ascertained that the Mark is properly 
registered, the Administration of the country of origin will for- 
ward to the International Bureau of Industrial Property in 
Berne : 

A. — A request for registration, in duplicate, containing a t3^po- 
graphical representation of the Mark, and stating : 

1. The name of the owner of the Mark. 

2. His address. 

3. The manufactures or goods to which the Mark applies. 

4. The date of registration in the country of origin. 

5. The order number of the Mark in the country of 

origin. 

B. — A block of the Mark for the typographical reproduction of 
the latter in the publication which will be made of it by the 
International Bureau. This block must reproduce the Mark ex- 
acth% so as to show up all details in the most conspicuous man- 
ner. It must not be less than 15 millimetres or more than 10 
centimetres, either in length or breadth. The exact thickness of 
the block must be 24 millimetres corresponding to the height of 
the printed characters. This block will be kept at the Interna- 
tional Bureau. 

C. — If the deponent claims the color as a distinctive feature 
of his Mark 40 copies on paper of a colored reproduction of the 
Mark. 

In this case the request must contain a brief description in 



Acts 83 

French mentioning the color. Should neither one or other of 
the above mentioned conditions be observed, the International 
Bureau will proceed with the registration of the Mark and noti- 
fication thereof in accordance with the particulars received. 

I). — A postal order for the amount of the International charge. 

The request for registration will be drawn up in accordance 
with the form attached to the present regulation or any other 
form which the Administrations of the contracting States may 
by common agreement subsequently adopt. The International 
Bureau will forward the necessary forms to the Administrations 
gratuitously. 

Article 3. — The International Bureau will proceed without de- 
lay to enter the Mark in a register kept for that purpose. This 
register will contain the following particulars: 

1. The date of registration at the International Bureau. 
.2. The date of notification to the contracting Adminis- 
trations. 

3. The order number of the Mark. 

4. The name of the owner of the Mark. 

5. His address. 

6. The manufactures or goods to which the Mark is 

applied. 

7. The country of origin of the Mark. 

8. The date of registration in the country of origin. 

9. The order number of the Mark in the country of or- 
igin. 

10. Memoranda relating to refusal of protection, trans- 
mission (Art. 9 and 9 his of the arrangement) or 
erasure of the Mark. 

Article 4. — As soon as the entry is made in the register the In- 
ternational Bureau will certify on the two copies of the request 
that the registration has been duly effected and will affix thereon 
its signature and seal. One of these copies will be filed among the 
records of the Bureau and the other will be returned to the Ad- 
ministration of the country of origin. 

Furthermore, the International Bureau will notify to the Ad- 
ministrations the registration so effected by sending to each of 
them a typographical reproduction of the Mark and informing, 
tiiem of: 



84 Acts 

1. The date of registration at the International Bureau. 

2. The order number of the Mark. 

3. ' The name and address of the deponent. 

4. The manufactures or merchandise to which the Mark 
is applied. 

5. The country of origin of tlie Mark as well as the date 

of registration and order number in the said country. 

In the case provided by article 2 under letter C^ the aforesaid noti- 
fication shall mention, in addition, the deposit in colors, and will 
be accompanied by a copy of the reproduction of the Mark in 
colors. 

Article 5. — The International Bureau will then see to the pub- 
lication of the Mark in a supplement of its Journal which will 
consist of the reproduction of the Mark accompanied by the de- 
tails mentioned in article 4, paragraph 2; and, if necessary, the 
description provided under letter C of article 2. 

At the commencement of every year the International Bureau 
will issue a table giving in alphabetical order per contracting 
State the names of the owners of the Marks published during 
the course of the previous year. 

Each Administration will receive gratuitously from the Inter- 
national Bureau the number of copies it may choose to ask for of 
the supplement containing the publications relating to Interna- 
tional Eegistration. 

Article 6. — The declaration notified to the International Bureau 
in the terms of article 5 of the arrangement (non-admission of 
the Mark to protection in a given country) will be at once for- 
warded by the Bureau to the Administration of the country of 
origin and to the owner of the Mark, 

Article 6 his. — The fee provided under Article 5 his of the 
arrangement for copies or extracts from the register is fixed at 
two francs per copy or extract. 

Article 7. — Such changes as may have taken place in the own- 
ership of a Mark and which have been made the object of the 
modification mentioned in Article 9 and 9 his of the arrange- 
ment, will be entered in the Kegister of the International Bureau 
except in such cases where, in the terms of the third paragraph of 



Acts 85 

the latter article, transmission cannot be registered. The Inter- 
national Bureau will in its turn notify to the contracting Admin- 
istrations the registered alterations, and will publish them in its 
journal keeping in view the .provisions of the first paragraph of 
article 9 his when the new owner is established in a contracting 
State other than the country of origin of the Mark. 

Article 8. — Six months before the expiration of the period of 
protection of twenty years the International Bureau will send an 
otficial notice to that effect to the Administration of the Country 
of Origin and the owner of the Mark. 

The formalities to be observed in the renewal of the Interna- 
tional Registration will be the same as if it were a question of a 
new registration excepting that it will no longer be necessary to 
send a block. 

Article 9. — At the commencement of each year the International 
Bureau will make out a statement of charges of all kinds which 
have been occasioned during the previous year by the International 
Registration of Marks. The amount of these charges will be 
deducted from the total sums received from the Administrations 
by way of fee for International Registration and the excess of 
receipts will be divided in equal shares between all the contract- 
ing States. 

Article 10. — The complete list prescribed by article 11 of the 
arrangement will contain the same particulars as the notification 
under article 4 of the present regulations. 

Article 11. — The present regulation will continue in force for 
the same length of time as the arrangement to which it refers. 

The contracting Administrations may at any time introduce 
therein by mutual agreement such modifications as may seem 
necessary to them in accordance with the provisions of article 
10 of the said arrangement. 

IV. ARRANGEMENT OF APRIL 14, 1891, 

Concerning the Suppression of False Statements of Origin of 

Merchandise. 

Signature April 14th, 1891, at Madrid. 

Deposit of ratifications June 15th, 1892, 

Coming into force July 15th, 1893. 



86 List of Members of the Eestricted Unioit 



LIST OF MEMBERS OF THE RE- 
STRICTED UNION. 

Spai^t^ France, with Algeria and Colonies, Great Britain, 

Switzerland, and Tunis, since the arrangement came into 

operation; Portugal, with the Azores and Madeira, since 

October 31st, 1893 ; Brazil, since October 3rd, 1893. 

Article 1. — All products bearing a false statement of origin 
in which one of the contracting States or some locality situated 
in one or other of them is mentioned directly or indirectly as the 
country or place of origin shall be seized on importation into 
any one of the said States. 

The seizure may also be effected in the State where the false 
declaration of origin may have been affixed, or in that State into 
which the product bearing such false declaration shall have been 
introduced. 

If the laws of a State do not allow of the seizure on importation, 
such seizure to be substituted by a prohibition to import. 

If the laws of a State do not allow of a seizure inland, such 
seizure to be substituted by acts and measures which the laws of 
the said State provide in such cases for the benefit of natives. 

Article 2. — The seizure will be made either at the request of 
the proper public officer or an interested party, individual or 
company, in accordance with the interna] laws of each State. 

The authorities shall not be called upon to effect the seizure 
during transit. 

Article 3. — The present provisions do not prevent the seller 
putting his name or address on the products coming from a 
country other than that of sale, but in that case, the address 
or name must be accompanied by a precise statement in con- 
spicuous characters of the country or place of manufacture or 
production. 

Article 4. — The Tribunals of each country will have to decide 
what are the appellations which, from their generic character, are 
outside the provisions of this arrangement, the district appella- 



Foreign Patents 87 

lions of the origin of wine products not being, however, included 
in the reservation laid down by this article. 

Article -5. — The States of the Union for the protection of In- 
dustrial Property which have not taken part in the present ar- 
rangement will be admitted at their request to join the same in 
the form prescribed by article 16 of the Convention of March 
20th, 1883, for the protection of industrial property. 

Article 6. — The present arrangement will be ratified and the 
ratifications of the same exchanged at Madrid within a period of 
six months at the latest. 

It will come into operation in one month from the date of the 
exchange of ratifications and will have the same force and dura- 
tion as the Convention of March 20th, 1883. 

In witness whereof the Plenipotentiaries of the States enumer- 
ated above have signed the present arrangement. 



FOREIGN PATENTS. 

MAEKING AETICLES "PATENTED." 

In Canada the neglect to mark a patented article subjects the 
patentee to a heavy fine — in Mexico, Switzerland and Japan to a 
forfeiture of certain rights. In no other country is such mark- 
ing compulsory. 

Patented articles should be marked as follows: 

AUSTRIA. "0. P. ^T. ." 

BELGIUM. "Bte. Xo. ." 

CA]SrADA. ''Patented," followed by the year. 

DE^^MAEK. "Dansk Patent I^o. ." 

FEANCE. '*'Bte S. G. du G.'*' 

GEEMANY. "D. E. P. No. ," if for a Patent of 

invention. 

GEEMANY. "D. E. G. M. No. ," if for a Useful 

Model Patent. 

GEEAT BEITAIN AND COLONIES. 

"Patent No. ," and the year. 

HUNGAEY "Ung. P. No. ." 

ITALY. "Brevettato," followed by the number of 

the Volume and Folio of the Eeg. 



88 Argextixe Eepublic 

Att. wherein the Patent is entered 
and the year. For instance, "Brevet- 
tato E. A. Vol. XXX, Fol. 30." 

JAPAX. Patent date and number in Japanese lan- 

guage. 

LIJXEMBUSG. ^^Lnxbg. Pat. Xo. ." 

XOEWAY. "Xorsk Pat. Xo. ." 

POETUGAL. 'Triviledado Pat. Xo. — ." 



EUSSIA. "Patent Xo. '^ (in the Enssian lan- 

guage) . 

SPAIX. "Patentado en Espana Xo.- ." 

SWEDEX. "Svenskt Pat. Xo. ." 

SWITZEELAXD. Federal Cross and number of patent. 
SOUTH AMEEICAX COUXTEIES AXD MEXICO. 

"Privilegiado en (name of country), Xo. 



ARGENTINE REPUBLIC 

PATEXT LAW OF OCTOBEE 11, 1864. 
Title I. 

General provisions. 

Article 1. All new discoveries or inventions in any branch of 
industry confer on their originators the exclusive right of working 
the same during a fixed term and under certain conditions, con- 
formably to article 17 of the Constitution, said right to be protected 
b}^ a document called " patent of invention,'^ issued in the form 
provided by the present law. 

Art. 2. The preceding article applies not only to inventions 
and discoveries made in this country, but also to those patented 
abroad, provided that the applicant be the inventor, or his assignee, 
and provided also that the conditions and formalities mentioned 
hereafter be duly observed. 

Art. 3. The following shall be considered as new discoveries or 
inventions, viz. : All new products of industry ; all new processes, 
and all new applications of processes already Imown, for obtaining 
an industrial result or product. 



i' 



Argentine Eepublic 89 

Art. 4. The following are not patentable, viz., pharmaceutical 
compositions; financial schemes; discoveries or inventions which, 
previous to the application, have received sufficient publicity in 
books, pamphlets, or periodicals, in this country, or abroad, for 
being worked: those of a mere theoretical nature, without any indi- 
cation of their practical use in industry; and finally, inventions 
contrary to good morals, or to the laws of the Eepublic. 

Art. 5. Patents shall be granted for five, ten, or fifteen years, 
according to the merit of the invention and the wish of the appli- 
cant. The validation of foreign patents shall be limited to ten 
years, and in no case shall the term exceed that of the original 
patent, at the expiration of which period they shall terminate. 

Art. 6. The fee to be paid for a new patent shall be 80, 200, 
or 350 pesos fuertes, according to the period or term of five, ten, 
or fifteen years for which it is issued. The validation of foreign 
patents is subject to the payment of a sum proportional to the 
term for which it is granted according to the same scale of fees. 

Art. 7. The payment of the fees shall be made, one-half at the 
time of the application and the other half in annual installments. 

Art. 8. The Executive Power shall provide by a special decree 
the mode in which the Patent Office shall transfer the said fees to 
the Public Treasury. 

Title II. 

Patent Q-ffice. 

Art. 9. The patents mentioned in the preceding articles shall 
be issued by an Office especially established for that purpose. 

Art. 10. The official staff of the Patent Office is to be composed 
of a Commissioner, at a salary of 1,200 pesos fuertes per annum, 
of four Subcommissioners, at a salary of 800 pesos fuertes per 
annum ; of a Secretary, at a salary of 600 pesos fuertes per annum ; 
and a Janitor, at a salary of 240 pesos fuertes per annum. The 
fiXQ first named are appointed by the President of the Eepublic 
at his own discretion; and the other two on recommendation of 
the Commissioner. 

Art. 11. Xo officer of the Patent office is allowed to hold an 
interest, directly or indirectly, in patents which come under his 
control: otherwise he shall become liable to dismissal and to a 
fine from 100 to 1,000 pesos fuertes, if convicted. 



90 Aegentine Eepublic 

Art. 12. The Commissioner is the Chief of the Office and is re- 
sponsible to the Government for all the documents and objects 
deposited in it, Avhich must be carefully kept and inventoried. 

Aet. 13. The Snbcommissioners mnst possess a special knowl- 
edge of the sciences frequently applied to industry, which may 
enable them to examine, under the direction of the Commissioner, 
all inventions or discoveries sought to be patented, the grant of the 
patent depending on said examination. 

Aet. 14. The Patent Office shall be a dependency of the De- 
partment of the Interior. 

Title III. 
Proceedings for granting 'patents. 

FIRST SECTION". 

Aet. 15. All applications for patents of invention shall be 
addressed to the Commissioner of Patents. The application shall 
be written on stamped paper of the 25-cent class, and shall be filed 
at the Patent Office in the capital, or at one of the chief post- 
offices in the provinces and must be accompanied by a description, 
with proper drawings and patterns (all in duplicate), and a list 
of the objects presented. 

Aet. 16. In cases where the application is made through the 
post-office, applicants may inclose the descriptions, patterns, and 
drawings in a sealed package, and request the same to be safely 
forwarded, at their own cost, to the Patent Office. 

Aet. 17. The Commissioner of Patents shall provide the post- 
masters mentioned in article 15 with a ledger, duly paginated and 
signed, in which the petitions shall be entered in the order of their 
presentation, with expression of the day and hour. A similar book 
shall be kept at the Patent Office. The registration shall be made 
by stating in a few words the subject of the application, the entry 
to be signed by the Commissioner, the Secretary, and the applicant 
or his attorney. At the request of the applicant, a copy of this 
entry ma)^ be delivered to him at no other cost than that of the 
stamped paper of the fourth class on which it has to be written. 

Aet. 18. ¥o application shall be admitted without depositing 
one-half of the fee, this payment to be set forth in the entry 
mentioned in the foregoing article. The officer neglecting to com- 



Aegextine Eepublic 91 

ply with this requisite and admitting the application withon^ re- 
ceiving the money, shall be punished with a fine of double the 
amount. The same fine shall be imposed upon postmasters who 
neglect to forward applications to the Commissioner of Patents by 
tlie earliest mail, this fact to be proved by the certificate of deposit 
and a certificate of ihe Postmaster-General, unless the delay is 
caused by want of time, accidents, or circumstances beyond con- 
trol. 

Art. 19. Applications shall refer to a single chief object, with 
its accessories and to the uses to be made thereof ; they must men- 
tion the term for which the patent is sought, without containing 
any restrictions, conditions, or reservations whatsoever; they shall 
set forth the title under which the invention is to be known; they 
shall be written in Spanish; the omissions or additions shall be 
duly mentioned, and the drawings accompanying the applications 
shall be made in ink and according to a metrical scale. 

second SECTION". 

Art. 20. As soon as the application is in the hands of the 
Commissioner, and it appears that the object applied for is in- 
cluded in those mentioned in article 2, and does not come under 
the limitation of article 1, the patent shall be granted, provided 
the term applied for does not exceed ten years. If it exceeds that 
time, the application shall be referred to the Minister of the In- 
teilor for his decision, from which decision there lies no appeal. 

Art. 21. All patents shall be issued in the name of the nation, 
b}' authority of the Government; they shall bear the signature of 
the Commissioner and Secretary, with the seal of the Office; they 
shall consist of the decree granting them, accompanied by the 
duplicate of the description and drawings. 

Art. 22. Immediately after the issue of the patent it shall be 
delivered to the applicant or his attorney. However, if the ap- 
plication has been made through a post-ofiice, the patent shall 
be delivered by the same channel, the respective postmasters hav- 
ing to acknowledge the receipt as soon as possible. All subse- 
quent certificates applied for shall be issued at the rate of 5 pesos 
fuertes each. 

Art. 23. The grant of a patent does not prevent impeachment 
under article 16 of this law. 

Art. 21. Applicants not complying with the provisions of 



92 Argentine Kepublic 

article 15 shall have their patents refused, in which case one-half 
of the sum deposited shall be returned to them, the other half 
being forfeited. 

Art. 25. On the refusal of a patent an appeal may be taken 
within ten days to the Minister of the Interior, who, after proper 
investigation, shall confirm or annul the refusal; in the former 
ease the whole sum deposited is to be forfeited. 

Art. 26. A quarterly list of all patents granted and refused, 
with their respective dates, shall be forwarded by the Commis- 
sioner to the Government for publication. 

third section. — Additions or im,provements. 

Art. 27. Improvements to patented discoveries or inventions 
entitle the originators to apply for a certificate of addition, which 
can not be granted for a longer period than the original patent 
has yet to run, provided it does not exceed ten years, except when 
half that time has expired or when the improvement lessens by 
half at least the cost of production, time, risk, or danger, or for 
other similar reasons, in which case the Commissioner has to fix 
the proper term for which such a patent may be granted. 

Art. 28. Certificates of addition are subject to the same for- 
malities as patents, except as to the fees, the original patentee 
having only to pay one-fourth, and others than the patentee one- 
half, of the said fees. 

Art. 29. Certificates of addition thus obtained by others than 
the original patentee do not confer on their owners the exclusive 
right of working their invention, except on condition to pay a 
royalty to the original inventor. The amount of this royalty 
shall be fixed by the Commissioner by taking into account the 
importance of the improvement and the part of the original in- 
vention which has been left in existence. 

Art. 30. The original inventor has the option between avail- 
ing himself of the provision contained in the preceding paragraph 
and working the improvement jointly with the improver; if he 
chooses the latter, a "patent of addition^^ shall be delivered to 
him on the same terms as that to the improver. 

Art. 31. In no case shall improvers acquire the right of solely 
working the original invention, and the original inventor may 
only work the improvement under the second provision of the 
previous paragraph. 



Aegentine Eepublic 93 

Art. 32. If two or more parties should apply at the same time 
for a certificate of addition for the same improvement, and if 
they should not come to some arrangement on the subject, no cer- 
tificate shall he issued to either. The same provision applies also 
to patents. 

FOURTH SECTION". — Provisional patents. 

Art. 33. Inventors or improvers may obtain for the term of one 
year, indefinitely renewable, a provisional patent. 

Art. 34. Such a patent shall be obtained, on the payment of 
50 pesos fuertes, by petition drawn up according to the provisions 
of article 15, pointing out the object of the invention and the means 
of carrying it out. 

Art. 35. On the receipt of this petition the Commissioner shall 
deliver the provisional patent, entering the same in a special book 
to be kept in his custody in the secret archives, together with all 
the documents relating thereto. 

Art. 36. Xo provisional patent shall be granted for inventions 
prohibited by article 4. 

Art. 37. The effect of provisional patents is to prevent, while 
they are in force, all grants of patents relating to the same in- 
vention or improvement from being made without previous notice 
thereof to the patentee, whose address should be known at the 
office. 

Art. 38. The owner of a provisional patent may oppose the 
granting of a patent for an invention similar to his own, within 
three months. At the expiration of that term, or if he has not 
given due notice of his change of domicile, he shall forfeit his 
right. 

Art. 39. In case of opposition by the owner of a provisional 
patent the Commissioner shall give a separate hearing to both 
applicants, and if the inventions should be identical neither shall 
obtain a patent unless both parties come to an agreement. Should 
such inventions be different the patent applied for shall be 
granted. 

Art. 40. The fees paid for a provisional patent shall be de- 
ducted from the sum to be paid for the final patent, or for a cer- 
tificate of addition previously obtained. 



94 Argentine Eepublic 

Title IV. 
FIRST SECTION. — Transfers of 'patents. 

Art. 41. Owners of patents or certificates may transfer their 
rights on their own terms. Such transfers^ however, mnst be made 
by a pnblic deed, npon previous payment of the entire fees men- 
tioned in article 6. In order to give snch transfers legal force 
with respect to third parties they mnst be registered either at the 
Patent Office in the Capital, or at the before-mentioned post-offices 
in the provinces; bnt this registration shall never be made with- 
out first producing the deed of transfer and the patent. Within 
five days thereafter, or by the earliest mail if in the provinces, a 
certificate of the registration entry and a copy of the transfer 
shall be forwarded to the Patent Office. The transfer shall then 
be entered at this office, in a special book, the entries of which 
shall be published quarterly. 

Art. 42. All the rights of the original patentee shall be trans- 
ferred with the patent, unless otherwise provided in the deed. 

SECOND SECTION.— -Piz&^tcaiton of patents. 

Art. 43. On the issue of a patent or certificate* the Commis- 
sioner shall publish the fact in the newspapers, setting forth the 
name of the patentee, the duration of the patent, and a succinct 
description of the invention or discovery. 

Art. 44. All descriptions, drawings, patterns, and models of 
the patents granted not coming under the provision of article 33 
shall be kept at the Patent Office for public information. They 
shall be open without charge to inspection by any person applying 
for the same, and copies of the written documents shall be de- 
livered without any other charge than the price of the stamped 
paper of the fourth class which is to be used. 

Art. 45. At the beginning of each year the Commissioner of 
Patents shall publish in a volume the list of the patents granted 
during the last twelve months, said list to be accompanied by tho 
descriptions and drawings required to make the patented inven- 
tions or discoveries intelligible. A copy of the' said volume shall 
be deposited at the Patent Office and at the post-offices mentioned 
in article 1.5, for free public inspection. 



Argentine Republic 95 

Title V. 
Nullification and extinction of •patents. 

Art. 46. Patents or certificates shall be void: When obtained 
contrary to article 4 of this law; when obtained under a fraudulent 
title, not corresponding to the invention; when the drawings or 
descriptions are incorrect or incomplete; when, in the case of 
certificates, they refer to a patent not actually obtained; when, 
in case of a foreign invention, the foreign patent confirmed by 
the Republic has expired; or, when, at the date of the patent the 
discovery or invention was already in operation in the Republic. 

Art. 47. All patents duly issued become extinct whenever it 
appears that the invention has not been worked within two years 
after the issue of the patent; whenever the working has been in- 
terrupted for a similar period, except by circumstances beyond 
control, or accident, duly certified by the office; or, finally, when 
the term for which the patent has been granted expires. 

Art. 48. Actions for the nullification or extinction of a patent 
can be instituted only by interested parties before the sectional 
tribunals. 

Art. 49. l^o special judicial declaration is required to cause 
the nullification or extinction of a patent to produce the effect 
of making the discovery or invention public property; the mere 
fact of nullification or extinction suffices for authorizing every- 
one to freely exploit the patented articles. 

Art. 50. In case the owner of an extinct or nullified patent 
should obstruct the free exploitation of the invention or dis- 
covery to which it relates, either by lawsuits, or otherwise, the 
official declaration of the invalidity or extinction of the patent 
may be obtained from the same sectional tribunals. 

Art. 51. The proceedings shall be summary; all proper proofs 
of title shall be admitted, but patentees can not produce any 
evidence contrary to what is established by the documents of the 
Patent Office in proof of their privileges. The term for filing 
evidence is to be fixed by the judge at his discretion, provided that 
it does not exceed six months, which term shall be granted only, 
in exceptional cases referring to matters lying beyond the sea, 
and on giving sufficient security in favor of the claimant. With- 
in ten days of the expiration of the term allowed for evidence, 
the judge shall render judgment and award costs. From this 



96 Argei^tine Eepublic 

judgment an appeal can be taken to the Supreme Conrt within 
three days. This conrt, after previously consulting the Patent 
Office, shall deliver a final judgment. 

Art. o2. The nullification or extinction of a patent being 
established by judgment, and the judgment having become final, 
the tribunal shall give information of the fact to the Commissioner 
of Patents in order that he may publish it in due form. 

Title VI. 

Infringements, their prosecution, and punishment. 

Art. 53. Infringements of patent rights shall be considered 
forgeries, and shall be punished by a fine of from 50 to 500 pesos 
luertes, or by imprisonment of from one to six months, and the 
forfeiture of the articles unlawfully manufactured, all without 
prejudice of claiming indemnity for losses and damages. 

Art. 54. The same penalties shall be incurred by those who 
knowingly take part in the infringement by selling, exhibiting, 
importing, or advertising the invention. 

Art. 55. In ease of a second offense, committed within five 
years, the penalty shall be doubled. 

Art. 56. The fact of a man having been in the employ of the 
patentee, or' of having acquired surreptitious information of the 
invention, shall be considered as an aggravating circumstance. 

Art. 57. All actions for the prosecution of these offenses are 
private, and shall be brought before the sectional tribunals upon 
production of the patent. Otherwise the complaint shall not be 
admitted. The defendant can only plead by way of answer the 
nullity or extinction of the patent, his interest in the same, or his 
exclusive ov/nership. 

Art. 58. The complainant has the right to demand security 
from the defendant for any loss which may be occasioned by the 
latter continuing to work the invention pending the trial, and in 
default thereof, he may claim the suspension of the working and 
the seizure of the objects in dispute upon giving in his turn, to 
the defendant, if required, sufficient security. The seizure is to 
be effected with the usual legal forms. 

Art. 59. All those who call themselves patentees without hav- 
ing a patent, or after their patent has expired, shall be considered 
infringers, and liable therefore to the penalties inflicted on the 
latter, with the exception of the loss of the articles. 



Argentine Eepublic 97 

Art. 60. All fines imposed by this law shall be divided equally 
between the Treasury and the informers. 

Title VII. 

Validation of provincial patents. 

Art. 61. Owners of provincial patents in force at the time of 
the promulgation of the present law shall have the right to ask, 
within six months after said promulgation, the validation of the 
same; and to this effect they shall file an application in the man- 
ner and form provided by article 15. The application shall be 
accompanied by the provincial patent. 

Art. 62. Provincial patents not validated within said term 
shall have no effect whatever before the tribunals of the Republic. 

Art. 63. The validation may take place in two ways; either 
for the same Province in which the patent right was exercised; 
or for the whole Republic. In the former case the patent shall be 
granted free of expense and without any previous examination. 
In the latter case the proceedings shall be the same as for a 
new patent, and the portion of the fees corresponding to the term 
11 ] lowed must be paid in the usual way. 

Art. 64. Validation of patents granted for the same Province 
shall be only for the remainder of the term of the patent, and 
the patent rights conferred by it shall relate to the said Province 
only. When granted for the whole Republic the time may be 
ten years, from which the period already run shall be deducted. 

Art. 65. A special register of these validations there shall be 
kept. 

Art. 66. On and after the prom.ulgation of the present law all 
provisions to the contrary shall be repealed. 

DECREE FACILlTATIiS^CT THE PAYMENT OF THE AN- 
NUITIES ON PATENTS OF INVENTION. 

Buenos Ayres, November J^, 1903. 

Upon consideration of the facts: 

First. That article 7 of the patent law of October 11, 1864, 
in providing that the first half of the tax fixed by article 6 of the 
same should be paid upon making the application for patent, and 



98 Argentine Eepublic 

the other half by successive annuities, had for its object to afford 
to inventors a facility that lias been approved by the universal 
legislation on the matter; 

Second. That the decree of November 9, 1866, which is at 
present in force, has left without effect said concession by estab- 
lishing that for the annuities corresponding to the second half 
of the tax, the interested parties should give promissory notes 
to the satisfaction of the Commissioner of Patents (arts. 24 and 
25); 

Third. That such restrictions virtually compel the applicants to 
the integral and advanced payment of the second half of the tax — 
an inconvenience to which the applicants submit themselves be- 
cause it is easy for them to give notes of such scant importance 
and at such long times as those fixed by article 25, than to look 
for endorsers or sureties, the chief aim of the patent law, which 
is, without a doubt, that of encouraging both inventions and the 
establishment or progress of industries, and not that of providing 
revenue, being thus defeated. 

Fourth. That in view of the above facts it becomes necessary 
for the Government to repeal the provisions contained in articles 
24, 25, and 26 of the Eegulation of November 9, 1866, and to 
substitute them by others which are more in accordance with the 
spirit of the law and general public convenience; 

In view of the above considerations, and in the exercise of the 
faculties vested in him by article 8 of the law of October 11, 1864, 
the President of the Eepublic decrees: 

Art. 1. The provisions of articles 24, 25, and 26 of the regu- 
lations of November 9, 1866, are hereby repealed. 

Art. 2. The concession having been decided upon by the Com-- 
missioner, and the payment of the half of the tax established by 
article 18 of the law having been made, the patent shall be de- 
livered upon the payment of the proper stamps. 

Art. 3. The second half of the tax shall be paid by annuities, 
in the following manner : Tn the case of five-year patents, it shall 
be paid in three annuities of 10 pesos in national money ($10) 
each, and the last one shall be of 11 pesos and 33 cents national 
money ($11.33). In the case of ten-year patents, the payment 
shall be made in seven annuities of 10 pesos national money ($10) 
each, and the last two, of 16 pesos and 66 cents national money 
($16.66) each; and in the case of fifteen-year patents, the pay- 



Argentine Eepublic 99 

ments shall be made in ten annuities of 10 pesos national money 
($10) each^ and the last four annuities shall be of 20 pesos and 
21 cents ($20.21) each. 

Art. 4. The paym.ent of the annuities may be made by any 
person in the name of the inventor^ no written petition being re- 
quired in order to effect said payment. Whenever the person 
making the payment requests a receip't for the same, it shall be 
issued to him in the name of the inventor, by the Patent Office, 
without any other expense than the cost of the stamped pajoer 
of the value of 1 peso on which said receipt is to be issued. 

Art. 5. The integral payment of the annuities may be made 
at one time* in cash, with a discount of 6 per cent per annum on 
the annuities not yet due. 

Art. 6. The applications for patents pending at the present 
time shall be decided according to the present decree. 

TEADE MAEK LAW. 

[Promulgated November 23, 1900.] 

Title I. 

Trade Maries. 

Chapter I. 

Oiunership of trade marhs. 

Article 1. Denominations of articles, or names of persons in 
some particular form; emblems, monograms, engravings, or prints; 
seals, vignettes, and stamps in relief; borders, words, or fancy 
names; letters and numerals with a special design or forming a 
combination ; casks or wrappings of articles ; and any other signs 
by which the productions of a factory, the articles of a trade, 
or the products of the soil and agricultural industries can be dis- 
tinguished, may be used as trade marks. 

Marks can also be adopted under the provisions of this law 
])y those engaged in mining industries (industrias extractivas). 

Art. 2. The mark can be placed over the casks or wrappings 
or on the articles themselves. 

Art. 3. The following can not be considered trade marks: 



100 Argentine Eepublic 

1. Letters^ words, names, or designations whicli the nation, or 
the provinces, alone, rise or should use. 

2. The shape or form given to the articles by the manufacturer. 

3. The color of the articles. 

4. Terms or expressions which have become of general use and 
signs which do not present any novel or special character. 

5. Designations usually employed to indicate the nature of the 
articles or the class to which they belong. 

6. Designs or expressions of an immoral nature. 

Art. 4. ^ames and portraits of persons can not be used as 
marks without the consent of the persons themselves or their heirs 
to and including the fourth degree. 

Art. 5. Names of places belonging to private individuals can 
be used as marks only by the owners thereof, if such names do 
not fall under the category mentioned in paragraph 4 of article 
3 and if some suitable specification is adopted in order to avoid 
confusion. Under such conditions names of places and towns 
can be used as marks. 

Art. 6. The exclusive ownership of a mark, as well as the 
right to oppose the use of any other mark, which directly or in- 
directly might be the cause of confusion between several articles, 
belongs to the manufacturer, trader, or agriculturist who has 
complied with the requirements of this law. 

Art. 7. The use of a trade mark is optional. It is, however, 
compulsory when the necessities of public convenience require it. 

Art. 8. The exclusive ownership of a trade mark can only 
be obtained in relation to the object for which it has been re- 
quested, said object to be specified in conformity with paragraph 
2 of article 17. 

Art. 9. The ownership of a mark passes to the heirs, and can 
be transferred by deed or by will. 

Art, 10. The assignment or sale of a business includes that 
of the trade mark (unless there is some special stipulation to the 
contrary), and the person taking over the business has the right 
to use the mark, even though it be a name, in the same way as 
did the former owner, without any other restrictions than those 
expressly stated in the deed of sale or assignment. 

Art. 11. The transfer of a trade mark shall be recorded at 
the ofhce in which it was registered. Otherwise the right to use 
the mark shall not be acquired. 



Argentine Republic 101 

Art. 12. Xo other trade marks shall be considered in use, 
for the purposes of this law, than those in regard to which the 
office has issued the proper certificate. 

Art. 13. The protection of the rights to the exclusive use of 
a trade mark shall only last ten years, which period can be ex- 
tended indefinitely for other similar periods, upon fulfillment, in 
all cases, of the necessary formalities and on payment each time 
of the tax to be established hereafter. 

Art. 14. The ownership of a trade mark shall cease: 

1. On the request of the interested party. 

2. When the said party allows the period of ten years to elapse 
without effecting a renewal. 

3. When a question as to the validity of a trade mark having 
been raised, the decision is that it was granted illegally, either 
because of its clearly belonging to another person or because of 
some other circumstance enumerated in this law. 

Art. 15. When a trade mark is no longer valid the fact must 
be published in the form indicated in article 37. 

Chapter II. . , 

Formaliiies for ohtaifiing the ownership of trade marlcs. 

Art. 16. All those desirous of obtaining ownership of trade 
marks must apply to the Office of Patents. 

Art. 17. An application to obtain a trade mark must be ac- 
companied — 

1. By six copies of the mark. 

2. By description, in duplicate, of the mark, if it consists of 
a picture or an emblem, indicating the class of article for which 
it is meant, and whether it applies to products of manufacture, 
or of the soil, or to objects of commerce. 

3. By a receipt showing that the fee established in article 38 
has been paid into the General Treasury. 

4. By a formal power of attorney if the applicant does not 
appear in person. 

5. By the authorization required in article 4. 

Art. 18. If the process of imprinting the trade mark is a 
secret, and the interested parties desire it to remain so, they must 
declare their wish in their application, according to article 17; 



102 Argentine Eepublic 

but they shall describe the process in a closed and sealed docu- 
ment, which will only be opened in case of dispute. 

Art. 19. A short statement^, describing briefly the contents of 
each application and the date and hour of its presentation, shall 
be entered on a book, the leaves of which must be numbered and 
signed by the respective Minister. The applicant must state 
whether he is or is not willing to waive judicial action in the 
event of the office opposing or refusing the ownership of the 
trade mark. 

The statement must be signed by the head of the office, by the 
secretary, and by the applicant, to whom a receipt shall be given 
ot the documents filed, in which case, the number of the state- 
ment will be mentioned. In the event of an authorized copy of 
the statement being applied for, it shall be given without further 
cost than that of the paper used. 

Art. 20. The statement having been drawn up, an extract 
of the application will be published in the "Boletin OficiaV^ with 
the date of its presentation, the name of the person interested, 
and a drawing or design of the trade mark. 

The publication shall be made for five consecutive days in the 
capital of the Eepublic, and in the Province or Territory where 
the applicant has his domicile. 

Art. 21. If within thirty days after the publication to which 
the foregoing article refers, no one presents himself to oppose the 
concession and no similar or like marks have already been granted 
under the conditions laid down in articles 6 and 8, the ownership 
of the mark applied for shall be granted. 

Art. 22. The priority of ownership of a trade mark shall be 
determined by the day and hour on which the application was 
filed. 

Art. 23. The trade mark certificate to be given by the Patent 
Office shall consist of a certified copy of the decree granting it, 
accompanied by duplicates of the description and of the draw- 
ings. It shall be made out in the name of the nation, by the au- 
thority of the Government, and shall bear the signatures of the 
Chief and of the Secretary of the Office, together ^dth the seal 
of the latter. 

Art. 2-1. The deposit, as provided for in article 17 (article 
13 of the law) shall be made, in the Provinces and N"ational Ter- 



Argentine Kepublic 103 

ritories. in such post-offices as may be designated by law for this 
purpose. 

Art. 25. The Chief of the Trade Mark Office shall furnish 
the postmaster of each capital of Province and National Territory 
a. book on which all the trade marks shall be entered, if presented 
by the interested parties in due form and under the conditions 
required by law. 

Art. 26. The books sent to the postmasters, as well as the 
one kept in the Trade Mark Office, shall be paginated and signed 
by the respective Minister. 

Art. 27. Upon the receipt of an application the postmaster 
shall forward to the Director of the Office of Trade Marks a cer- 
tified copy of the application, together with the descriptions, draw- 
ings, and the declaration that the amount required by law has 
been paid, without which the application shall not be entertained. 

Art. 28. The Director of the Office, on receiving an application 
forwarded to him by a postmaster, shall make an entry in liis 
own book, in which the statement sent him by the postmaster 
shall be copied. He then shall proceed as provided in the fore- 
going articles. 

The interested parties can deposit in the respective post-offices 
the plates required by art. 38. 

Art. 29. Opposition to the granting of a mark shall be made 
m the form required by articles 19 and 25, as the case may be. 

Art. 30. The head of the office, if all the parties interested 
have waived their right to go to the courts, shall give a decision 
in the matter within a period of fifteen days. 

Art. 31. In the case referred to in the above article, the de- 
cision of the Trade ^lark Office, refusing or granting the owner- 
ship of a mark, can be appealed within ten days to the respective 
Minister who, after consulting the Solicitor of the Treasury, 
shall either affirm or revoke it. 

Art. 32. If the interested parties have not waived judicial 
litigation, the Office shall forward to the competent court cer- 
tified copies of the record of application for and of opposition 
to the grant. 

Art. 33. On receiving the certified copies referred to in the 
foregoing article, the court shall conduct the case according to 
the ordinary judicial modes of procedure. 

Art. 34. Independently of the cases of opposition referred to 



104 Akgentine Republic 

in the preceding articles the interested party may apply to the 
courts within the period established in article 31, if the decision of 
the Director of the Office was nnfavorable, and if no waiver of 
judicial action was made. 

Art. 35. In cases in which a trade mark is not granted the 
fee paid by the interested party nnder article 17 shall be returned. 

Art. 36. Judicial decisions when final shall be communicated 
to the Office for the proper purposes. The records of each case 
shall be also sent in due time to the same Office. 

Art. 37. The Patent Office shall keep a book in which the 
grants of trade marks shall be entered, and the Director shall 
make a report to the Government, every three months, of the 
applications granted and refused, and their respective dates. 

For this purpose the interested parties must deposit in the 
office a plate (clise tipografico) of their marks. 

Art. 38. Fifty dollars in national currency shall be paid for 
the registration and certificate of a trade mark, whatever its origin 
may be. 

Twenty-five dollars in national currency shall be paid for the 
registration and certificates of transfers of the marks. 

Five dollars in national currency shall in the future be paid 
for attested copies of certificates independently of the value of the 
stamped paper on which they have to be written. 

Art. 39. All marks for which certificates have been issued, as 
well as all the applications and descriptions filed, shall remain in 
the archives of the Patent Office. 

In the event of litigation the drawing of the mark and a cer- 
tified copy of its description, as well as any other paper bearing 
on the question, shall be shown to the court. 

Art. 40. The marks and their descriptions shall remain in 
the Oflice at the disposal of all those who may desire to see them. 

Art. 41. Foreign trade marks shall enjoy the guarantees 
provided for by this law if they are registered in conformity with 
its provisions. 

Their owners, or their duly authorized agents, alone, have the 
right to apply for their registration. 



Argentine Kepublic 105 

Title II. 

Nam.es of factories and of commercial and agricultural estahlish- 

ments. 

Art. 42. The name of an agriculturist, trader, or manu- 
facturer, or a firm, and the sign or designation of a business house 
or establishment dealing in defined articles or products, constitute 
property within the meaning of this law. 

Art. 43. Anyone desirous of engaging in an industry, trade, or 
branch of agriculture, in which another person is already en- 
gaged, under the same name and with the same accepted designa- 
tion, shall adopt such modifications as will render his name or 
designation manifestly distinct from that used by the previously 
existing business or establishment. 

Art. 44. If the party injured by the use of a trade mark does 
not file its complaint within one year after the date of the in- 
fringement its action shall be barred by limitation. 

Art. 45. Joint stock companies shall have the same right to 
their names as have private individuals, and shall be subject to 
the same restrictions. 

Art. 46. The right to the exclusive use of a name, as property, 
becomes extinct as soon as the firm or the industrial or agricult- 
ural undertaking to which it belongs, ceases to exist. 

Art. 47. The registration of a name is not necessary to secure 
the rights guaranteed to it by this law, unless it forms part of 
the trade mark. 

Title III. 
Penal 'provisions. 

Art. 48. The following shall be punishable by a fine of from 
$20 to $500 in national currency, and by imprisonment for a 
period varying from one month to one year, the corporal penalty 
not to be redeemed by money: 

1. Those who counterfeit a trade mark. 

2. Those who use counterfeited marks. 

3. Those who fraudulently imitate a mark. 

4. Those who knowingly aifix a mark not belonging to them, or 
a fraudulently imitated one, on their products or goods. 



106 Argentine Eepublic 

5. Those who knowingly sell, place on sale, or lend themselves 
to the sale or circulation of counterfeited marks, and those who sell 
authentic marks without the knowledge of the owner. 

6. Those who knowingly sell, place on sale, or lend themselves 
to sell or circulate articles with marks counterfeited or fraudulent- 
ly imitated. 

7. All those who, with intent to defraud, place, or cause others 
to place, on merchandise or products, any false declaration or 
designation in regard to the nature, quality, quantity, number, 
Avcight, or measure, or in regard to the place or country in which 
the article was made or from which it was sent. The same pro- 
vision applies to medals, diplomas, honorable mentions, rewards^ 
or honorary distinctions falsely alleged to have been awarded at 
Exhibitions or Fairs. 

8. All those who knowingly sell, place on sale, or lend them- 
selves to the sale of, merchandise or products with any of the false 
declarations mentioned in the preceding paragraph. In the event 
of the offense being repeated the penalties shall be doubled. 

Art. 49. In the cases not mentioned in the above article, the 
penalties shall be, as stated in Titles V and VI, Section 1, Book 
1, of the Penal Code. 

Art. 50. The offense of counterfeiting or imitating shall be 
deemed committed, even if all the articles which should have been 
marked are not counterfeited or imitated. The counterfeiting of 
(me single article shall be sufficient. 

Art. 51. Simple attempts to counterfeit or imitate shall not 
bo punished, nor shall they entail civil responsibility; but the 
counterfeiting instruments which may be found in the possession 
of the would-be wrong-doer, shall be destroyed. 

Art. 52. The proceeds of the fines referred to in this law shall 
be applied to the school fund of the place where the offense was 
coriimitted, if a balance is left after the payment of all civil in- 
demnifications. 

Art. 53. Merchandise or products unlawfully marked, found 
in the possession of the culprit or of his agents, shall be confiscated 
and sold after the destruction of the said mark; the amount real- 
ized, after payment of the expenses and indemnity laid down by 
this law, shall be given in aid of the public schools of the prov- 
ince in which the confiscation took place. 

Art. 54. All counterfeited or imitated marks or marks bearing 



Argentine Eepublic 107 

misleading statements shall be likewise confiscated and destroyed. 
The same provision shall apply to the instruments which served 
exclusively for committing offenses. 

Art. 55. Xo civil or criminal action shall be allowed after 
the lapse of three years from the time when the offense was com- 
mitted or repeated, or after the lapse of one year from the day 
on which the owner of the mark had first cognizance of the fact. 

The acts which interrupt limitation are the same established by 
law in all cases. 

Art. 56. The provisions contained in the articles of the pres- 
ent title shall be applicable to those persons who, without right, 
make use of the name of a merchant or of a company, of the sign 
or designation of a business house or manufactory, of the name of 
an agriculturist or agricultural establishment, in accordance with 
what is laid down in Title II of the present law. 

Title IV. 

Procedure. 

Art. 57. Owners of trade marks, to whose knowledge it may 
come that there are to be found in the custom-house, post-office, 
or any other Government or private office, labels, capsules, wrap- 
pers, or any other articles similar to those which constitute or 
appertain to their mark may apply to the competent authority and 
ask for an attachment on the said articles, and the court shall 
grant the request on the responsibility of the petitioner upon his 
giving such bonds as the court may deem proper. 

It shall be optional for the court to exempt the applicant from 
giving bond when he is a person of well-known responsibility. 

Art. 58. Those who sell or place on sale merchandise or prod- 
ucts with usurped, imitated, or counterfeited marks are bound 
to give the real owners of the mark full information in writing 
as to the name and address of the person who sold to, or got for 
them the merchandise or products in question, and of the date on 
which the sales of the same began ; and, in case of refusal, they 
can be compelled judicially to do so under penalty of being con- 
sidered as accomplices. 

Art. 59. Owners of marks which have been usurped, counter- 
feited or imitated can, without prejudice to what is laid down in 
the foregoing article and other measures which the criminal court 



108 Akgentine Eepublic 

may take, apply on their own responsibility to the competent 
judges for the drawing np of an inventory and of a description of 
the merchandise or goods found with such marks in a place of 
business or elsewhere. This inventory to be drawn up by a con- 
stable of the court, or by any public notary whom the party in- 
terested may name, shall give a particular description of the 
merchandise or products. It shall be signed by the petitioner 
(if he is present), by the constable of the court, or the notary, 
and by the owner of the business house, or store, or by two wit- 
nesses in his absence. 

Art. 60. When several inventories have to be made simul- 
taneously in different places the judge can intrust the matter to 
some public notary, chosen by the petitioner, or to a commissary 
of police, and can in all cases ordain, if he thinks it necessary, 
that the constable of the court, or his substitutes, be accompanied 
b}^ an expert, who would supervise the description given in the in- 
ventory of the merchandise. 

Art. 61. If in the act of making the inventory the explana- 
tions required by article 58 are given, they shall be put down in 
the statement. 

Art. 62. The certificate of the mark shall be shown before 
order to make the inventory or attach the property, as provided in 
the foregoing articles, can be issued. 

Art. 63. The attachment shall be removed, if, after fifteen days 
from its having been ordered, the owner of the mark takes no 
further action in. the matter. 

Art. 64. In civil suits, arising under articles 6 and 43, the 
plaintiff can compel the defendant to give bond not to interrupt 
him in the carrying on of his trade, industry, or agricultural pur- 
suit — should the said defendant desire to continue using the mark, 
name, or designation — and, in default of such bond, he (the 
plaintiff) can ask for a suspension of the business and the seizure 
of the articles or products, giving, in his turn, if required, the 
proper bond. 

The seizure shall be effected with all the formalities of the law. 

Art. 65. The lawsuits to which the offenses mentioned in 
article 48 of this law may give rise shall be conducted in accord- 
ance with the rules of procedure laid down in the Code of Crim- 
inal Proceedings of the Nation. 

Art. 66. Criminal proceedings in these cases shall not be 



Akgentine Eepublio 109 

started by tlie Government. The institution thereof belongs ex- 
clusively to the interested parties, but after they have been started 
the Gbvcrnraent attorney may continue them. 

The complainant shall be permitted to discontinue his action 
at any time before the rendering of the sentence. 

Art. 67. The parties injured by violation of the provisions of 
this law can bring an action for damages against the authors and 
accomplices of the fraud. 

The sentences in these cases shall be published at the expense 
of the guilty parties. 

Title V. 

Transient provisions. 

Art. 6S. Trade marks granted in the Republic within four 
months after the promulgation of this law may be of no value, 
if an application is made in due form, before the expiration of 
that period, for the registration of a foreign mark identical with 
them, or so similar as to produce confusion, previously granted 
by a competent authority and used in the country before the pro- 
mulgation of this law. 

Art. 69. Questions which may arise in consequence of the 
principle laid down in the foregoing article shall be settled ju- 
dicially if the interested parties do not reach an agreement. If 
they have waived the right to apply to the courts, the provisions 
of articles 30 and 31 shall be observed. 

Art. 70. The registration of marks, made in conformity with 
the laws which are at present in force, shall be valid until the 
end of the period for which the marks were granted. 

The renewal of the grants shall be made in conformity with 
the provisions of this law, preference being given to the present 
owners if they apply for the renewal before the expiration of 
their privilege. 

Art. 71. Laws ^^o. 787, of August 19, 1876, and No. 866, of 
September 13, 1877, are hereby abrogated. 



110 Bolivia 



BOLIVIA. 

LEGISLATIOIS^ Ols PATENTS. 
I. 

Constitution of the Republic. 
Art. 89. The President of the Republic shall have power: 

26. To grant, according to law, exclusive privilege, for a cer- 
tain time, to inventors, improvers, or importers of useful processes 
or methods applicable to sciences or arts, and to order, in case 
that the secret of the invention, improvement, or importation, be 
given to the public, the proper indemnification therefor to be 
paid. 

II. 

Rules for the political organization of the Republic. 
[January 10, 1903.] 
Art. 20. The Secretary of Industry shall: 

5. Grant patents of invention and trade marks. 

III. 
' • Patent Laiv of May 8, 1858. 

Article 1. The law secures for all inventors the full and 
undisturbed enjoyment of their inventions, provided that said in- 
ventions are not against' law or good morals. 

Art. 2. N'ew methods or processes discovered for the improve- 
ment of any industry or manufacture shall also be considered 
inventions. 

Art. 3. Devices or discoveries tending only to change the 
proportions of things already known, or to produce articles which 
are merely ornamental, shall not be deemed inventions. 



Bolivia 111 

x\rt. 4. The Government shall have the power to purchase, 
for. the benefit of the people at large, the secret of any useful in- 
vention. 

Art. 5. To secure to an inventor the exclusive enjoyment of 
liis invention, a patent of privilege shall be issued in his favor, 
said privilege to last for not less than ten years nor more than 
fifteen. 

Art. 6. It is hereby forbidden to grant patents of privilege to 
the inventors of secret remedies. The publication of these secrets 
is a matter of duty for the inventors, who shall receive in con- 
sideration thereof a just indemnification. 

Art. 7. Importers of machinery, or of methods of fabrication 
or industry not known in the Eepublic, shall also be entitled to 
patents of privilege, the concession of which shall be subject to 
the rules set forth in the following article. 

Art. 8. If the establishment of the imported machinery or 
industry requires the expense or the disbursement in advance of 
.$25,000, the privilege shall be granted for three years. If the 
amount to be spent or advanced is $50,000, the privilege shall 
last six years. If it reaches or exceeds $100,000, the privilege 
shall be granted for ten years. 

Art. 9. Privileges granted to importers of machinery, or of 
new methods of fabrication or industry, known and used in for- 
eign countries, shall be limited to the district wherein the said 
machinery is to be set at work, or to the territory necessary to 
insure its benefits. 

Art. 10. Applicants for patents of privilege of the two classes 
aforesaid shall file a petition explaining the nature of the invention 
or improvement, but the methods, materials, ingredients, or in- 
struments to be used may be kept secret. The petition shall be 
accompanied by a sample of the article, smelted metal, or product 
to which the invention or improvement refers. 

Art. 11. Applicants for patents for imported inventions shall 
file with their petition drawings or models of the machinery to 
be introduced, or a statement in full of the principles, methods, 
or processes of the industry to be introduced in the territory of 
the Eepublic and of the product which is sought to be obtained. 

Art. 12. The Government shall appoint a committee of three 
competent persons, whose duty it shall be to examine the process 



112 Bolivia 

or secret constituting the invention or improvement to which the 
application refers. 

Art. 13. This committee shall be always presided over by the 
Political Chief of the respective locality. Two members of the 
Municipal Council of the same locality shall be added to it and 
shall aid in the examination referred to in the preceding article. 

Art. 14. The two members of the Municipal Council and the 
three members of the committee appointed by the Grovernment shall 
take an oath, to be administered by the Political Chief, not to 
reveal the secret of the invention or improvement and to faithfully 
perform their duties. 

Art. 15. The members of the committee and those of the 
Municipal Council added to it shall meet forthwith and confer 
without the interested parties being present about the report to 
be made by them. Any difference of opinion which may arise 
shall be recorded. 

Art. 16. The report to which the foregoing article refers shall 
be forwarded to the Secretary of "Fomento,^^ enclosed in an en- 
velope marked "confidential.'' It shall be accompanied by a 
description of the method, machinery, process, etc., constituting 
the invention, improvement, or importation under consideration. 

Art. 17. Three months, at the latest, after the receipt of the 
report above referred to the G-overnment shall cause the proper 
patent to be issued, said patent to be written on stamped paper 
of Class No. 1.^ It shall order, furthermore, that the sealed 
package containing the explanation of the secret, or the statement 
spoken of in article 11, be preserved in the Department of "Fo- 
mento.^' 

Art. 18. In order to prevent the patentees from misusing their 
patents the Government shall set forth on the latter that it does 
not guarantee either the truth, the merits, or the advantages of 
the invention, improvement, or importation, and that the whole 
responsibility therefor is left to the patentee. 

Art. 19. If the patentee desires to make some changes in his 
invention, or in his original application, before obtaining the pat- 
ent, or at any time thereafter within the period of the concession, 
he shall make a declaration in writing to that effect, accompanied 
with a description of the novelties to which he refers, the whole 



a Stamped paper of this class was worth at the date of this decree 2 bolivianos per 
sheet. Now it belongs to class No. 6. 



Bolivia 113 

thing to be done in the manner and form established in article 
10, The variation of the privilege shall not entail any extension 
of the time of the patent. 

Art. 20. Patentees shall enjoy the exclusive right of using the 
invention or improvement to which the patent refers and of re- 
ceiving the benefits thereof. 

Art. 21. Patentees shall have the right to found establishments 
for the working of their patents, either at any place in the Ee- 
public, if the privilege extends to the whole of it, or at the locality 
to which the patent may have been circumscribed. They shall 
also have power to authorize other persons to make use of their 
methods and to dispose of their patents as personal property. 

Art. 22. Patentees shall not assign or transfer their patents, 
wholly or in part, except by means of a public instrument; other- 
wise their privilege shall be forfeited. 

Art. 23. The priority in the application for a patent, if any 
dispute or doubt arises in case that two applications are made, 
shall be proven by the certificate of the Secretary of "Fomento," 
who shall make a record of the day and hour on which the peti- 
tions are filed. 

Art. 24. The period of the privilege of invention, improve- 
ment, or importation begins at the date of the decree by which 
it was granted. 

Art. 25. Patents shall be recorded in special books kept for 
this purpose at the Department of "Fomento." The original 
petition, the specifications, and all other papers spoken of in 
article 10 shall be kept on file in the same Department until the 
expiration of the patent. 

Art. 26. The granting of patents shall be officially com- 
mnnicated by the Secretary of "Fomento'^ to the Political Chiefs 
of the different districts and published in the oflficial newspaper. 
The patents shall be also inserted in the Collection of laws and 
decrees. 

Art. 27. At the expiration of the time of a patent, the in- 
vention, improvement, or privilege to import some new industrial 
method, shall become public property. 

Art. 28. At the expiration of the time of a patent, the petition, 
specifications, and all other papers referred to in article 10 of this 
law shall be published and kept on file in the Public Library of 
the National Capital. 



114 Bolivia 

Art. 29. Whenever a privilege becomes forfeited for any of the 
reasons set forth in this law, the publication of the papers and 
the filing thereof in the Public Library, for the purposes of arti- 
cle 27, shall be likevise made. 

Art. 30. The Grovernment shall canse the descriptions and 
specifications, as well as all drawings accompanying them, to be 
printed and circulated in sufficient number through the Political 
Chiefs of the districts, so as to make the general public acquainted 
with the methods of the extinct patent. 

Art. 31. Patentees shall have the right, upon giving the 
proper bond, to ask for the seizure of the machinery and instru- 
ments with which their patents have been or are infringed, and 
of the products obtained through their use. 

Art. 32. Infringers shall be punished, upon conviction, by the 
confiscation to the benefit of the patentees of all the property 
seized. They shall also be bound to pay damages in proportion 
to the amount of the fraud. 

Art. 33. If the fraud is not proved, the patentee shall be con- 
demned to indemnify the supposed infringer for the losses and 
damages sustained by him in consequence of the seizure, and to 
pay a fine equal in amount to that which the latter might have 
had to pay if convicted. 

Art. 34. Whenever a patentee is disturbed in the exercise of 
his exclusive rights as such, he shall have the right to apply for 
protection to the courts of justice and request that the infringers 
be punished according to the preceding articles. But in case that 
a dispute on the validity or invalidity of the patent should arise, 
the question shall be decided by the tribunal designated by law to 
take cognizance of cases against the Government.^ 

Art. 35. In case of question or dispute between two patentees 
ac to the true ownership of the invention, if the similarity of the 
two patents is absolute, recognition shall be given to the one first 
granted. 

Art. 36. The patent subsequent in date shall be, in the case 
of the preceding article, considered as a patent of improvement. 

Art. 37. Patents granted for an invention or improvement, 
or for the importation of foreign inventions or improvements, 
which the tribunals may condemn as contrary to law, public se- 



a This special tribunal having been abolished, the ordinary courts and tribunals of 
justice shall take cognizance of these cases. 



Bolivia 115 

curity, or police regulations, shall be void. Patentees in this case 
shall have no right to indemnification. 

Art. 38. Patents shall be forfeited, not only in the cases al- 
ready explained, but also in the following: 

1. When the patentee is convicted of having concealed, in his 
specification, the true manner of putting his invention into prac- 
tice. 

2. When the patentee is convicted of having employed secret 
methods not mentioned in the specification, or in the declaration 
under article 19 of the intention to amend it. 

3. When the patentee is convicted of having concealed the fact 
that the invention for which he applied and obtained a patent 
was at the time of his application known and described and pub- 
lished, through the public press, within or Avithout the Eepublic. 

4. When the patentee has allowed one year and a day to pass 
since the day on which the privilege was granted to him, without 
having put his invention into practice, and has not given sufficient 
reason under the law to excuse his negligence. 

5. When the patentee, or the assignee of his rights, fails to 
comply with the obligations imposed by the patent. 

Art. 39. In all cases of nullification or extinction, for what- 
ever reason, of a patent, the provisions of article 27 of the pres- 
ent law shall be carried into elfect. 

IV. 

Decree of September 11, 1877. 

Considering that the decree of May 8, 1858, does not contain 
certain provisions which should be added to it, in order to insure 
m favor of the industry the good efl'ects which must be expected 
from the granting of patents, and at the same time prevent this 
business from being turned into reckless speculation, tending to 
mcrease fruitlessly the burdens of the Government, I do hereby 
decree as follows: 

Article 1. N"o patent shall be granted in any of the cases 
mentioned in the decree above named except upon proof of the 
truth of the claims made by the applicant, and of the usefulness 
of the invention, and the advantages which are promised to be de- 
rived from it to the national industry. 

Art. 2. The examining committee shall report upon these 



116 Bolivia 

points, setting forth all the facts and circnmstances which may 
be condncive to form an exact idea about them. 

The applicant shall furnish to this effect the committee with 
all docnments and proofs which may be needed, and shall give 
all the explanations, and make all the experiments which may be 
required. 

When the application refers to the importation of new machin- 
ary, or industrial methods, the applicant shall submit an itemized 
schedule, duly .supported by proof, of the expense he shall have 
to incur for this purpose. The report of the committee shall also 
embrace this point. 

Art. 3 When the explanation of the invention or improve- 
ment can not be made without revealing the secret of the same, 
the applicant shall be permitted to refrain from making it; but 
he shall be bound to give such experimental proof of his inven- 
tion as to convey the full knowledge thereof which is desired. 

Aet. -1. Applicants who, upon fulfillment of the requisites set 
forth in the preceding articles, succeed in securing their patents, 
shall pay a fee of 100 bolivianos, and deposit, furthermore, in the 
National Bank of the Eepublic, the sum of either 100, 200, or 
300 bolivianos, according to the duration of the patent, which 
may be for three, six, or ten or more years, as security that the 
patent shall be put into practical operation. At the expiration 
of one 3^ear, granted for this purpose, without the patent having 
been put into practice, the amount deposited shall become the 
Government's property and shall be transferred to the National 
Treasury. 

Art. 5. The present decree shall be considered as supplemental 
to the decree above cited of May 8, 1858, which as now amended 
shall remain in force. 



Order of the Secretary of the Treasurij and Industry of January 

11, 1902. 

Upon examination of the case of Jose Szendy, applicant for a 
patent for the manufacture of felt hats in this and other cities 
in the Republic, "^^ * it is decided, and this decision shall 
be taken as a general rule, that in the cases mentioned in article 
7' of the decree of May 8, 1858, the fact that the machinery or 



Bolivia 117 

industrial method to be imported from abroad has not been 
previously used, within or without the Eepublic, is indispensable 
for the granting of patents. 

VI. 

Order of the Secretary of the Treasury of March 26, 1903. 

Considering that the concession of exclusive privileges to im- 
porters of machines, or methods of fabrication or industry, is 
subordinated to the indispensable condition that the imported 
machines or methods are not known, or have not been used or put 
into practice, previous to the concession, within or without the 
Eepublic; and that the application of Matias Talamas, asking 
for a patent of privilege for a machine to manufacture cigars and 
cigarettes, which is known and used in the country, is against 
article 4 of the political Constitution of the State, which guar- 
antees industrial liberty and restricts the power of the Executive 
in granting patents, excluding from it machines already laiown; 
and whereas no new invention for the manufacture of the articles 
aforesaid is herein involved, thereupon the application for the 
patent referred to is rejected. 

LEGISLATION" ON TEADE MAEKS. 

Law of Xovemher 25, 1893. 

Article 1. A tax of 5 bolivianos per year, to be collected 
through the Department of the Treasury and Industry, shall be 
hereafter levied on every trade mark which may be filed for reg- 
istration at the proper office. 

Art. 2. The Executive power shall make the proper rules for 
the execution of this law. 

Rules for the execution of the trade mark law. {March 21, 1897.) 

AVliereas the law of November 25, 1893, which ordered a tax 
on trade marks to be levied and paid, gave authority to the Exe- 
cutive to make rules for the proper execution of its provisions: 

Therefore, I, the Chief Magistrate of the Eepublic, by virtue of 
the power vested in me by item 5, article 89 of the Constitution, 
do herebv decree: 



118 Bolivia 

Article 1. An annual tax of 5 bolivianos shall be levied on 
each trade mark filed for registration nnder the present rules. 

Art. 2. The following shall be considered as trade marks, 
namely: Engravings, monograms, vignettes, stamps in relief, let- 
ters and numerals with a special design, casks or wrappings of 
articles, and any other signs intended to distinguish from all 
others the products of a factory. 

Art. 3. The trade mark secured through the process estab- 
lished in the present decree shall be the exclusive property of 
the manufacturer or business man who obtained it, and he shall 
have the right to oppose its being used by other manufacturers or 
business men. He may enforce before the courts his exclusive 
rights, which he may also assign or transfer to others by contract 
or last will. 

Art. 4. The sale of the business house, or industrial enterprise 
to which the mark belongs, shall carry with it, unless provided 
otherwise by the contracting parties, the transfer of the mark. 

Art. 5. The transfer of the mark shall be, for the purposes 
of this decree, recorded at the proper office. 

Art. 6. All applications shall be accompanied by two copies or 
samples of the engraving, emblem, letter, stamp in relief, etc., 
which is to be used. One copy shall be filed at the registration 
ofllce and the other forwarded to the Department of " Fomento." 

Art. 7. The application shall also be accompanied by a de- 
scription of the mark, made in duplicate, said description to specify 
the article or articles for which it is intended. If the owner of 
the mark does not personally attend to the business of this applica- 
tion, the power of attorney authorizing the applicant to act in his 
behalf shall also accompany the application. 

Art. 8. No application shall be admitted if it is not accom- 
panied with a receipt issued by the Department of the Treasury 
showing that the tax established by article 1 of this decree has 
been paid. Failure to comply with any of the provisions of this 
article shall cause the respective functionary to be responsible for 
the value of the patent. 

Art. 9. The application shall be filed before the notary of the 
Treasury, who shall make at the foot of the document a short 
statement of its contents, and the day and hour on which it is 
filed, as well as of the fact that the duplicate copy of the mark 
was also filed. 



Bolivia 119 

Art. 10. The Prefects, after having complied with all the 
requisites established in the foregoing articles, shall grant in the 
name of the nation the exclusive right to use the trade mark. The 
-decree by which this grant is made, as well as the application 
itself with all its exhibits, shall be published in the Official Bul- 
letin, and if there is no such Bulletin, in any newspaper to be 
designated for that purpose, the publication to be made three 
separate times, ten days intervening between each, at the cost 
of the interested party. 

Art. 11. After the publication is made as directed in the fore- 
going article, the applicant shall request, if no opposition has been 
shown to the granting of the trade mark, that the whole record 
should be forwarded to the Secretary of " Fomento,^^ in order that 
he, upon the proper report of the law officer of the Department, 
may approve the concession. 

The decision of the Secretary with all the papers of the case 
shall be recorded in a book specially kept for this purpose by 
the notaries of the Treasury. The entry shall be signed by the 
Prefect, the District Attorney, the interested party or his attor- 
ney, and the notary. Copies of this entry shall be given to the 
interested party and to the Department of Fomento.'* 

Art. 12. If any opposition is made after the expiration of the 
time of publication, the Prefect shall refer the whole record to 
the District Attorney, who shall decide about the priority of rights 
according to law. 

Art. 13. If the decision of the Prefect is against the granting 
of the trade mark, an appeal may be taken against it within eight 
days, to be counted from the date of notification, to the Secretary 
of "Foment 0,^^ who, after hearing the opinion of the Attorney- 
General, shall affirm or reverse the decision. The decision of the 
Secretary of " Fomento '^ shall be final. 

Art. 14. The samples of marks, or emblems, and their descrip- 
tions shall be faithfully kept, duly inventoried, and methodically 
classified, by the notary of the Treasury. They shall be exhibited 
for public inspection in well-arranged cases. 

Art. 15. Counterfeiters of trade marks, adulterators of articles 
of commerce of a business house which makes use of a trade mark 
and sellers of counterfeited articles shall be punished with a fine 



a The text of this article has been amended by decree of March 13, 1900. 



120 Bolivia 

of from 20 to 200 bolivianos, independently of the penalties men- 
tioned in article 302 of the Penal Code. 

Art. 16. Articles of merchandise bearing connterfeited trade 
marks shall be confiscated to the benefit of the Departmental Coun- 
cils. 

Aet. 17. Business men who prior to the enactment of this 
decree have been making use of a trade mark which proves to be 
identical with another trade mark granted under the new provi- 
sions shall be bound to adopt some change or modification of their 
distinctive sign or emblem. Their failure to do so shall render 
them liable to be punished as counterfeiters. 

Art. 18. Business men who make use without the proper au- 
thority of a trade mark shall be punished with a fine of from 5 to 
50 bolivianos, for the municipal fund, without prejudice to their 
being compelled to secure in the proper way the authority required 
by this decree. 

Art. 19. Joint stock companies are entitled to the use of their 
names without any restriction. 

Art. 20. Foreign trade marks shall not enjoy the guarantees 
granted by the present decree unless they are registered with the 
same formalities as are established for the domestic ones. 

Art. 21. Business men who fail to pay the taxes due on account 
of their trade marks shall be subject to the process of coercion 
established by law against delinquents of this kind. If the pay- 
ment is not made after the first notice a sufficient number of the 
articles of commerce protected by the mark shall be seized and sold 
at public auction. The amount of the tax and a penalty of 2 per 
cent per month shall be collected by this process. The concession 
of the trade mark may be also cancelled. 

Art. 22. Business men who after having been punished as pro- 
vided in the foregoing article should continue to make use of the 
trade mark, shall be prosecuted as counterfeiters. 

Decree of March 13, 1900, amending article 11 of the foregoing 
decree of March 27, 1897. 

Whereas the formalities established in article 11 of the decree 
of March 27, 1897, on the subject of trade marks, are apt to delay 
the prompt transaction of this business: Therefore, I do hereby 
decree : 



Bolivia 121 

Sole article. Article 11 of the decree of March 27, 1897, is 
hereby amended so as to make it read as follows : 

" Art. 11. The publication provided for in the foregoing article 
having been made and no opponent having appeared, the interested 
party shall ask that the whole record of his case be forwarded to 
the Secretary of ^ Fomento/ who, after hearing the opinion of the 
Attorney-General, shall approve the concession and issue in con- 
sequence thereof the respective patent. The record shall then be 
returned to the Prefect for the purposes set forth in article 14." 

Decree of May SO, 1902, for the registration of trade marks. 

Whereas it is imperative to supplement the Eules for the regis- 
tration of trade marks, by explaining the manner in which they 
must be numbered, designating the offices from which they are 
to be issued, and the manner in which they shall be recorded, and 
to establish also a rule that will protect merchants who have acted 
in good faith and who have ordered merchandise bearing a trade 
mark subsequently registered by others; 

Xow, therefore, I, Jose Manuel Pando, constitutional President 
of the Republic, decree: 

Article 1. Certificates of trade marks shall bear the number 
which corresponds to them in the order of their registration in the 
Department of " Fomento,''' and shall have attached on the reverse 
side thereof the drawing that represents the trade mark, sealed 
with the seal of the Department and signed by the Chief Clerk of 
the division. 

Art. 2. The Department of " Fomento " shall keep a book for 
the registration of the certificates issued, recording the number 
and the nature of the article, and attaching to each entry a copy 
of the drawing of the trade mark, sealed and signed by the patentee 
or his attorney. The same formalities of guaranty shall be ob- 
served in the register kept by the notaries of the Treasury. 

Art. 3. Merchandise of a particular trade mark, ordered from 
abroad prior to the date of the filing of the application with the 
Prefect for registration of the same trade mark, shall not be con- 
sidered articles of commerce bearing a counterfeited trade mark. 

Art. 4. The Department Prefects shall order the publication 
in the Department Bulletin, or in some other newspaper of greater 
circulation, of the application for registration of trade marks, so 
as to cause merchants who have ordered goods in advance covered 



122 Bolivia 

by the trade mark whose registration is solicited to be duly ad- 
vised. 

Art. 5. Certificates already granted shall form Series A and 
shall be numbered in the order of their being filed in the Depart- 
ment. Series B shall commence with N'o. 1 and shall apply to 
trade marks registered on and after this date. 

Akt. 6. These provisions supplement those given by Executive 
decrees of March 27, 1897, and March 13, 1900. 



Brazil 123 



BRAZIL. 

PATENT LAW, OCTOBER 14, 1882. 

The General Assembly decrees: 

Article I. In the concession of a patent to the author of 
any invention or discovery the law guarantees the right of 
property and exclusive use. 

Section 1. For the effects of this law the following shall 
eonstitute an invention or discovery: 

1. The invention of new industrial products. 

2. The invention of new processes or the new application of 
known processes for obtaining an industrial product or result. 

3. The improvement of an invention already privileged, if 
it shall facilitate the manufacture of the product or the use 
of the privileged invention, or if it shall increase its utility. 

Those industrial products, processes, applications, and im- 
provements shall be considered new which, up to the applica- 
tion for a patent, have never, within or without the Empire, 
been employed or used, and of which can neither be found 
descriptions nor publications of the method by which they can 
be employed or used. 

Sec. 2. The following inventions can not be made the object 
of a patent: 

1. Those contrary to law or morality. 

2. Those dangerous to public security. 

3. Those noxious to public health. 

4. Those which do not offer a practical industrial result. 
Sec. 3. The patent will be conceded by the Executive power 

after the fulfillment of the formalities prescribed in this law 
and in its regulations. 

Sec. Jf. The exclusive privilege of a principal invention will 
only be valid to fifteen years, and that of an improvement to 
the invention conceded to the author will terminate at the same 
time with it. 

If public necessity or utility require the free use {vulgar- 
isagao) of an invention, or its exclusive use by the State during 
its privilege, the patent can be disappropriated in conformity 
with the legal formalities. 



124 Brazil 

Sec. 5. The patent is transmissible by any of the modes of 
cession or transfer recognized by law. 

Art. II. Inventors receiving privileges in other countries 
can obtain a confirmation of their rights in this Empire, pro- 
vided that they fulfill the formalities and conditions of this 
law and observe the further dispositions in force applicable 
to the case. The confirmation will give the same rights as a 
patent conceded in the Empire. 

Section 1. The priority of the property right of that in- 
ventor who, having solicited a patent from a foreign country, 
shall make a similar petition to the Imperial Government with- 
in seven months, will not be invalidated by facts which may 
occur during this period, to wit, another similar petition, the 
publication of the invention, and its use or employment. 

Sec. 2. To the inventor who, before obtaining a patent, de- 
sires to experiment in public with his inventions, or wishes to 
exhibit them in an exposition, official or officially recognized, 
will be granted a title provisionally guaranteeing to him his 
right of property for a specified time and with the formalities 
required. 

Sec. 3. During the first year of the privilege only the in- 
ventor himself or his legal successors can obtain a privilege for 
improvements on his own invention. It will be permitted to 
third parties, however, to present their petitions within the 
said period in order to establish their rights. The inventor of 
an improvement can not engage in the industry benefited 
while the privilege for the principal invention lasts without 
an authorization from its author. Nor can the latter employ 
the improvement without an accord with him. 

Sec. Jf. If two or more persons solicit a privilege at the same 
time for an identical invention, the Government, except in the 
hypothesis of section 1 of this article, will require that they 
shall previously determine the priority either by means of an 
accord or in a competent court. 

Art. III. The inventor who seeks a patent will deposit in 
duplicate in the department which the Government shall desig- 
nate, within a closed and sealed envelope, a report, in the 
national idiom, describing the invention with accuracy and 
clearness, its purpose and the method of using it, with the plans, 
designs, models, and samples which may contribute to an exact 



Brazil 125 

understanding of the invention and the elucidation of the re- 
port, so that any person cognizant of the subject can obtain 
or apply the result, means, or product of which it treats. The 
report shall clearly specify the characteristic feature of the 
invention (privilegio). The extension of the right of patent 
will be determined by the said features, mention of this being 
made in the patent. 

Section 1. With the document for deposit will be presented 
the petition, which should be limited to one single invention, 
specifying its nature and its purposes or applications in ac- 
cordance Avith the report and with the documents deposited. 

Sec. 2. If it shall appear that the subject of the invention 
involves an infraction of section 2, Article I, or has for its 
object alimentary, chemical, or pharmaceutical products, the 
Government will order a previous and secret examination of 
one of the copies deposited, in conformity with the regulations 
to be issued, and in accordance with the result it will or will 
not concede a patent.' From a negative decision an appeal can 
be taken to the Council of State. 

Sec. 3. "With the exception only of the cases mentioned in 
the foregoing section, the patent shall be issued without 
previous examination. 

Patents shall always state precisely which is their object, 
and the facts that the granting thereof is made without preju- 
dice to the rights of third parties, and with no responsibility 
on the part of the Government as to the novelty or usefulness 
of the invention. 

The patent of the inventor whose invention has been already 
patented in a foreign country shall last as long as the foreign 
patent may be in operation, provided that the period of this 
duration does not exceed the limits marked in section 4 of 
Article I. 

Sec. Jf. In addition to the fees and emoluments herein es- 
tablished the patentees shall pay a tax of 20 milreis the first 
year, 30 milreis the second, 40 milreis the third, and so on, 
adding 10 milreis to the quota of the preceding year, until the 
end of the privilege. In no case shall the taxes paid be re- 
funded. 

Sec. 5. Inventors who should improve their own inventions 
shall be given a certificate of improvement, a record of which 



126 Brazil 

shall be made in the original patent. They shall pay for this 
certificate a fee equivalent to the annual tax to be paid that 
year. 

Sec. 6. Transfers or assignments of patents, or certificates 
of registration of marks shall have no effect until they are re- 
corded in the Department of Agriculture, Commerce, and Pub- 
lic Works. 

Art. TV. The patent having been issued, and the period of 
thirty days thereafter having elapsed, the opening of the pack- 
ages exhibited ^Yith the petition shall be in order. It shall be 
made in the manner and form provided by the rules. 

The specification shall be published at once in the Diario 
Official, and a copy of the drawings, models, or samples shall 
be exhibited to the public. Anyone interested in these matters 
shall have the right to study these documents and models, and 
shall be allowed to take copies of the same. 

Sole section. — If the previous examination referred to in 
section 2 of Article III has not been made, the Government 
shall cause competent proof to be given, by means of experi- 
ments, after the publication of the specification is made of the 
requisites and conditions established by law to give validity 
to the privilege. The proceedings shall be conducted in the 
manner and form established by the rules for such cases. 

Art. Y. Patents shall become valueless either by nullity or 
by extinction. 

Sec. 1. Patents shall be null: 

1. If granted in violation of the^ provisions of sections! and 
2 of Article I. 

2. If the patentee had not the priority of the invention. 

3. If the patentee shall have falsified the truth or concealed 
essential matter in the report descriptive of the invention, 
whether in its object or in the manner of using it. 

4. If the name of the invention shall be, with fraudulent 
purpose, diverse from its real object. 

5. If the improvement shall not have the indispensable re- 
lation with the principal industry, and can be constituted a 
separate industry, or there shall have been priority (preterigao) 
in the preference established by Article II, section 3. 

Sec. 2. The patent will become extinct in the following 
cases : 



Brazil 127 

1. The patentee not making effective use of the invention 
within three years, counting from the date of patent. 

2. The patentee suspending the effective use of the inven- 
tion for more than one year, except by cause of superior force 
judged sufficient by the Government after consulting the re- 
spective section of the Council of State. By use is understood, 
in these two cases, the effective exercise of the privileged in- 
dustry and the supply of the products in proportion to their 
employment or consumption. It being proved that the sup- 
ply of the products is evidently insufficient for the needs of 
employment or consumption, the privilege can be restricted to 
a zone determined by an act of the Government with the ap- 
proval of the legislative power. 

3. The patentee not paying the annuity within the terms 
of the law. 

4. The patentee residing outside of the Empire not con- 
stituting an accredited agent to represent him before the Gov- 
ernment or in court. 

5. Through the express renunciation of the patent. 

6. The patent or foreign title upon an invention also 
privileged in the Empire being discontinued. 

7. The term of the privilege having expired. 

Sec. 3. The nullity of a patent or a certificate of improve- 
ment will be declared by a decision of the commercial court 
(jurzo commercial) of the capital of the Empire by means of 
the summary process of decree No. 737 of November 25, 1850. 

The following are competent to bring an action for nullity: 
The Solicitor of the Treasury and his assistants, to whom will 
be forwarded the documents and proofs corroborative of the 
infraction, and any interested party, with the assistance of 
that official and his assistants. An action of nullity in the 
cases of Article I, section 2, Nos. 1, 2, and 3, having been be- 
gun, the execution of the patent and the use or employment 
of the invention will remain suspended until the final decision. 
If the patent shall not be annulled, the patentee will be re- 
invested in its enjoyments with the integrity of the term of 
privilege. 

Sec. Ji. The extinction of patents will be declared by the 
Minister and Secretary of State for the Affairs of Agriculture, 



128 Brazil 

Commerce, and Public Works, with recourse to the Council 
of State. 

Art. VI. The following will be considered infractors of the 
privilege : 

1. Those who, without license from the patentee, manu- 
facture the products or employ the processes or make the ap- 
plications which are the object of the patent. 

2. Those w^ho import, sell, or expose for sale, conceal, or 
receive for the purpose of sale counterfeited products of the 
privileged industry, knowing what they are. 

Sec. 1. The infractors of a privilege will be punished in 
favor of the public coffers, with a fine -from $500 to $5,000, 
and in favor of the patentee, with from 10 to 50 per cent of 
the damage caused or which may be caused. 

Sec. 2. The following will be considered as aggravating cir- 
cumstances : 

1. The infractor to be or to have been an employee or work- 
man in the establishment of the patentee. 

2. The infractor to associate with an employee or workman 
of the patentee for acquiring knowledge of the practical method 
of obtaining or employing the invention. 

Sec. 3. The cognizance of infractions of a privilege belongs 
to the juizes de direito (district judges) of the comarcas (dis- 
tricts) where they reside, who will issue, on the petition of the 
patentee or his legal representative, the warrants of search, 
apprehension, and deposit, and will prescribe the preparatory 
or preliminary proceedings of the process. The sentence will 
be governed by law No. 562 of July 2, 1850, and by decree No. 
707 of October 9 of the same year, so far as they apply to the 
case. The products of which Nos. 1 and 2 of this article treat 
and the respective instrumicnts and apparatus will be adjudged 
to the patentee by the same sentence which condemns the 
authors of the infractions. 

Sec. If-. The process will not hinder an action by the patentee 
to secure indemnification for damage caused or which may be 
caused. 

Sec. 5. Commercial jurisdiction is sufficient for all the 
causes relative to industrial privileges in conformity with this 
law. 



Brazil 129 

Sec. 6. The following will be punished with a fine of from 
$100 to $500 in favor of the public coffers: 

1. Those who announce themselves as possessors of a patent, 
using the emblems, marks, inscriptions, or labels upon products 
or objects prepared for commerce or exposed for sale as if they 
had been privileged. 

2. Those inventors who continue to exercise an industry as 
privileged, the patent being suspended, annulled, or extinct. 

3. Those privileged inventors who in prospectuses, adver- 
tisements, inscriptions, or by any mode of public notice shall 
mention patents without designating the special object for 
Avhich they were obtained. 

4. Those professional men or experts who in the hypothesis 
of section 2 of Article III cause the general diffusion of the 
secret of the invention, without prejudice in such case to the 
criminal or civil actions which the laws permit. 

Sec. 7. The infractions of which the preceding paragraph 
treats will be prosecuted and judged as political crimes, in 
conformity with the legislation in force. 

Art. VII. When a patent shall be conceded to two or more 
coinventors, or when it becomes common by a title of gift or 
succession, each one of the coproprietors can use it freely. 

Art. VIII. If a patent shall be given or left in usufruct, 
the usufructuary will be obliged, when his rights cease through 
the extinction of the usufruct or termination of the term of 
privilege, to give to the owner of the property the value at which 
it shall be estimated, calculated Avith relation to the time which 
the usufruct has lasted. 

Art. IX. The patents of inventions already conceded will 
continue to be governed by the law of October 26, 1830, there 
being applied to them the dispositions of Article V, section 2, 
Nos. 1 and 2, and of Article VI of this present law, with the 
exception of pending processes or actions. 

Art. X. AH dispositions to the contrary are hereby re- 
voked. 

REGULATIONS FOR THE EXECUTION OF THE PATENT 

LAW. 

Inventions. 
Article 1. For the effects of law No. 3129 of October 14, 



130 Brazil 

1882, and of the present regulations, the following shall con- 
stitute an invention or discovery: 

1. The invention of new industrial products. 

2. The invention of new means for obtaining an industrial 
product or result. 

3. The invention of a ncAV application of known means for 
obtaining an industrial product or result. 

4. The improvement of an invention already patented. 
"Product" signifies the material object obtained. 

"By result" is understood the advantage obtained in the 
production or industrial operation as regards quality, quan- 
tity, and saving of time or of money. 

"Means" expresses the process, chemical or mechanical com- 
bination, the manner of employing natural or artificial agents 
and known substances or matter. 

"Application" is the fact of giving to any known agent, sub- 
stance, or matter a new use. 

"Improvement" is that which facilitates the manufacture of 
the product or the use of the patented invention or increases: 
its utility. 

Those products, results, means, applications, and improve- 
ments shall be considered "new" which have never, within or 
without the Empire, been employed or used, neither have been 
described and published so that they can be employed or used. 

"Industrial" is that which shows appreciable result in in- 
dustry or trade. 

Art. 2. The following inventions can not be made the object; 
of a patent: 

1. Those contrary to law or morality. 

2. Those dangerous to public security. 

3. Those injurious to public health. 

4. Those merely theoretical or scientific; that is, without 
a practical industrial result. 

Inventors. 

Art. 3. Natives or foreigners, whether residents or not of 
Brazil, who are authors of any of the inventions specified in 
article I of these regulations are inventors. 

Art. 4. Privileged inventors of other countries can obtairt 



Brazil 131 

a recognition of their patent rights in the Empire by request- 
ing their confirmation, provided that they comply with the 
formalities and conditions prescribed by the laws of Brazil. 

Art. 5. The priority of rights of an inventor who, having 
regularly solicited a patent in a foreign country, shall make 
a similar petition to the Imperial Government Avithin seven 
months will not be invalidated by facts which may occur dur- 
ing this period, such as another similar petition, the publica- 
tion of the invention or its use or employment. 

Art. 6. To inventors who, before obtaining a patent, desire 
to experiment in public with their inventions, or Xo exhibit 
them in an exposition, ofticial or officially recognized, will be 
granted, on requesting the same, letters provisionally guar- 
anteeing to them their rights of property. 

Art. 7. During the first year of the patent only the in- 
ventor himself or his legitimate representative can obtain a 
patent for improvements on his own invention. It will be per- 
mitted to third parties, however, to present their applications 
within the said period in order to establish their rights. 

If these applications relate to an improvement identical to 
that of the principal inventor, who has also presented his ap- 
plication within the first year, although at a later date, they' 
shall not prejudice the rights of said inventor. 

Art. 8. The inventor of an improvement on his own in- 
vention can use the improved industry as he may think best. 
All those interested in the principal invention, whether by 
transfer or partial, limited, or conditional cession, shall enjoy 
the same right. 

Art. 9. The inventor of an improvement on the invention 
of another person which has already been patented can not 
make use of the improved industry while the patent for the 
principal invention lasts without the permission of the prin- 
cipal inventor; nor can the latter make use of the improvement 
without an agreement with its author. 

Art. 10. If two or more persons solicit a patent at the same 
time for an identical invention, the Government, except in the 
hypothesis of article 2, section 1, of law Xo. 3129 of October 
14, 1882, and article 5 of the present regulations, will require 
that they shall previously determine the priority either by 
agreement or in a competent court. 



132 Brazil 

Art. 11. The rights of inventors, before they have been 
recognized by a patent, shall be regulated by common law. 

Patents of invention. 

Art. 12. The ownership and exclusive use of industrial in- 
ventions shall be guaranteed by patents granted by the execu- 
tive power and issued by the Department of Agriculture, Coni- 
merce, and Public Works after the legal formalities have been 
satisfied. 

Art. 13. The term of duration of a patent shall be fifteen 
years, counted from the date of its issue. This term can be re- 
stricted only by the inventor himself at the time of making 
application for the patent. 

Art. 14. To the privileged inventor who improves his own 
invention will be given a certificate of improvement, which will 
be noted on the original patent and w^ill terminate with the 
latter. 

Art. 15. Patents for inventions already privileged in other 
countries shall terminate at the same time as the foreign pat- 
ents, provided the latter shall not exceed the term of fifteen 
years. 

Art. 16. If the invention belongs to two or more persons, 
the privilege shall be guaranteed by a single patent. 

In this case, as also in the case of the ownership of the pat- 
ent becoming common by title of gift or succession, each one 
of the joint owners, except by agreement to the contrary, can 
use the privileged industry freely, but he shall be held re- 
sponsible for the whole of the obligations of the patent, as if 
it were exclusively his own. 

Art. 17. If a patent shall be given or left in usufruct, the 
usufructuary will be obliged to give to the owner of the prop- 
erty an indemnity corresponding to the value at which it shall 
be estimated. 

Sec. 1. The value of the property shall be the product ob- 
tained from multiplying a fixed percentage of the annual net 
revenue of the usufruct by the number of years which the 
usufruct has lasted. 

The revenue of the usufruct for said estimate and the annual 
percentage to be given to the owner of the property, shall be 
determined by experts appointed by the interested parties. 



Brazil 133 

Sec. 2. The usufrustuary shall be required to pay the in- 
demnity only when his rights have ceased, either through the 
extinction of the usufruct or the termination of the term of the 
patent. 

Sec. 3. The owner of the property can require the usufruct- 
uary to give security for the payment of the indemnity. 

If the usufructuary does not give the security demanded he 
will be obliged to pay at the end of each year the correspond- 
ing percentage. 

Art. 18. Patents and the rights resulting therefrom may 
be transferred, wholly or in part, by any of the modes of 
cession or transfer recognized by common law, for a definite 
period, or for the whole term of the privilege, and to have 
effect throughout the Empire, or in any designated portion of 
its territory. 

Art. 19. Patents, their transfers and any renewals relating 
to their ownership or to the use of the respective industry, shall 
not become effective until they have been registered in the 
Department of Agriculture, Commerce and Public Works, and 
the legal documents of such transfers or renewals been pre- 
sented by the interested parties, in conformity with Title V 
of the present regulations. 

Up to the date of the registration of patents, the patentees, 
their successors, and representatives are wholly responsible to- 
ward the State and third parties. 

Art. 20. If public necessity or utility require the free use 
of an invention, or its exclusive use by the State, the patent 
can be disappropriated in conformity with the laws in force. 

The disappropriation will include the principal invention, 
the respective improvements protected by the patent and the 
patented industry in effective use. 

Art. 21. Commercial jurisdiction is competent for all 
actions relating to industrial privileges. 

Applications for patents and certificates of improvement. 

Art. 22. Those desiring to obtain patents of invention or 
certificates of improvement will deposit in duplicate in the 
Departm.ent of Public Archives, within a closed and sealed 
envelope, a report or specification, describing the invention 
with accuracy and clearness, its purpose and the method of 



134 Brazil 

using it, together with the plans, designs, models, and samples 
necessary for the exact understanding of the invention and the 
elucidation of the report, so that any person cognizant of the 
subject can obtain the product or the result, employ the means, 
make the application or use the improvement of which it treats. 
The report shall clearly specify the characteristic features of 
the patent solicited and said feature shall determine the ex- 
tension of the rights guaranteed by the patents, in conformity 
with the latter part of article 3, of law No. 3129, of October 14, 
1882. 

Art. 23. The report shall contain at the top of the first 
sheet a title which summarily and precisely designates the ob- 
ject of the invention, and they shall be written in the national 
language, without additions, interlineations or erasures, and 
shall be stamped on each of the leaves, dated and signed by the 
inventors or their attorneys. 

The indications of weight and measure shall be made accord- 
ing to the metric system; those of temperature by the centi- 
grade thermometer, and those of density, by specific weight. 

Art. 24. The plans and drawings shall be made on suitable 
thick white paper, without creases or folds, and in black ink, 
so that they may be reproduced by photography or other sim- 
ilar process. 

The sheets must be 33 centimeters long and 21 or 42 or 63 
centimeters wide, with a border drawn in single lines, leaving 
a margin of 2 centimeters. In the space comprised by these 
lines must be made the plans and drawings according to a 
metrical scale, and each sheet must be numbered and signed by 
the inventor. 

The inventor may, if he so desires, annex to each copy of the 
drawings a copy with colored drawings. 

The duplicate may be dispensed with in the case of com- 
plicated mechanical models or those of large dimensions. 

When the application is for an improvement on an invention 
already patented, the plans and drawings shall indicate in ink 
of the same color, but by means of broken or dotted lines, the 
changes to be made in the original invention. 

Art. 25. The deposit shall be made by the inventor himself 
or his attorney, and an entry of the same shall be made in a 
book kept for that purpose, stating the hour, day, month and 



Brazil 135 

year of the delivery of the deposit, the name of the applicant, 
and any statements he may have made, which shall be signed 
by the applicant and the Director of the Public Archives. A 
certified copy of the entry shall be given gratutiously to the 
applicant. 

On one of the faces of the envelopes containing the deposit 
shall be written the number corresponding to the order of the 
delivery, the title of the invention, and the name of the in- 
ventor. 

Art. 26. Applications for patents must be limited to one 
single invention, and must specify the name, nationality, pro- 
fession, actual residence of the applicant, the nature of the 
invention and its purposes or applications in accordance with 
the report and documents deposited, and without restrictions 
or reservations. 

The applications shall be accompanied by an acknowledg- 
ment and a list of the articles deposited, a sufficient powder of 
attorney, if the application is not made by the inventor him- 
self, the original patent or a copy of the newspaper in which it 
has been published, in the case of confirmation of a patent 
granted in another country, the original patent in the case of 
an improvement made by the patentee on his own invention, 
and a certified copy of the principal patent, if the application 
refers to an improvement on the invention of another person. 

Art. 27. The report or specification, application, and docu- 
ments required in making application for a patent must be 
written on paper 33 centimeters long and 21 centimeters wide, 
it being understood that the original patents are not included 
in this provision. 

Art. 28. When the applications have been lodged with the 
Department of Agriculture, Commerce, and Public Works they 
shall be registered in a book kept for that purpose, in order 
that they may be proceeded with and the patents be issued in 
the order of the presentation of the applications. A note of 
the entry shall be made at the top of the application to which 
it refers. 

Art. 29. If the application for a patent is evidently ir- 
regular, defective, or does not comply with the rules prescribed, 
it shall be rejected by order of the ^Minister of Agriculture, 



136 Brazil 

Commerce, and Public Works, who shall state briefly the rea- 
sons for such rejection. 

There shall be no appeal from this decision, but the party is 
permitted to amend his application, without prejudice to the 
right of priority which pertains to him. 

Previous and secret examination. 

Art. 30. If the application for a patent, although regularly 
made, relates to an invention which is excluded by paragraph 
2, article 1 of law No. 3129 of October 14, 1882, or has for its 
object alimentary, chemical, or pharmaceutical products, the 
Government will order a previous and secret examination by 
a decision which shall be entered on the application and pub- 
lished in the Diario Official. 

If the decision is based on the infraction of paragraph 2, 
article 1 of the aforesaid Jaw, the applicant shall be permitted 
to answer, stating the particulars of the subject, and after re- 
ceiving the reply, the Government shall pronounce definitely, 
revoking or confirming its first decisions. In this case the ap- 
plicant shall abandon the application and request the delivery 
of the articles deposited. 

Art. 31. The following are competent to make the examina- 
tion: 

1. The attorney for the Crown, Sovereignty, and National 
Treasury, if it shall appear to the Government that the in- 
vention is contrary to law or morality or dangerous to public 
security. 

2. The Central Board of Public Health, represented by its 
president, if it shall appear to the Government that the in- 
vention is injurious to public health. 

3. The polytechnic, naval, and military schools, the court 
faculty of medicine, and any of the public departments, repre- 
sented by their directors or chiefs, which may be designated 
by the Minister of Agriculture, Commerce, and Public Works, 
according to the class of invention and practical industrial re- 
sult to be examined. If the subject of the invention is complex 
and requires two or more examinations, these shall be made 
simultaneously or consecutively, as the examiners may deter- 
mine. 

Art. 32. When the necessary communications have been 



Brazil 137 

sent to the Director of the Public Archives, to the examiner 
designated, and to the inventor or his attorney, the opening of 
the deposited envelopes shall take place on the day and hour 
advertised in the Diario Official at least twenty-four hours 
previously. 

The envelopes having been presented and found intact, the 
articles in duplicate shall be opened, separated and counted, 
and the exactness or conformity of the copies verified ; the sheets 
of the reports must be turned and the pages of the drawings 
and the plans, models, and samples compared. Bottles or de- 
posits which are hermetically sealed shall not be opened. 

When the verification has been concluded the copies shall 
be again placed in separate envelopes, which shall be closed and 
sealed, and the necessary inscriptions written on their face. 
One of the copies shall be deposited and the other given to the 
examiner. 

Art. 33. If in the envelopes are found pieces different from 
those of the invention, or if essential articles are wanting which 
render the examination impossible, the envelopes shall be im- 
mediately closed and sealed, and the fact shall be communicated 
to the Minister of Agriculture, Commerce, and Public Works, 
in order that he may take such measures as the case requires, 
either annulling the deposit or ordering the applicant to supply 
the pieces that are wanting. 

Art. 34. The Director of the Public Archives shall make a 
note of the opening of the envelopes and of the circumstances 
of the same in the margin of the entry of deposit specified in 
article 28 of these regulations, dating and signing the same 
together with the examiner and the inventor or his attorney, 
if he is present at the opening. 

Art. 35. The attorney for the Crown, National Treasury, 
and Sovereignty, in person, and the directors or chiefs desig- 
nated in accordance with the provisions of article 31, or the 
president of the Board of Public Health, assisted by the pro- 
fessors and experts whom they may think competent, shall, 
under their responsibility and in the secrecy required by law, 
proceed to make the examination, analysis, and experiments 
necessary. 

They shall present a report of the result directly to the 
Minister of Agriculture, giving explicit conclusions in regard 



138 Brazil 

to the matter, and they shall immediately return to the Depart- 
ment of Public Archives, in closed and sealed envelopes, the 
report, drawings, and other objects which have been received 
and have not been destroyed in the examination, for which they 
shall receive a receipt. 

Art. 36. The examination must be concluded within sixty 
days from the date of the delivery of the envelopes, under pen- 
alty of responsibility. 

Art. 37. If from the result of the examination the Govern- 
ment refuses the patent applied for, appeal shall be made to 
the Council of State, in conformity with the regulations in 
force. 

Issue of patents and certificates of improvement — Opening of 
the envelopes and piihlication of the reports. 

Art. 38. When the application for a patent or certificate of 
improvement has been regularly made and the previous exam- 
ination in the special cases hereinbefore mentioned concluded, 
the patent shall be granted by a decree of the Executive power. 
In it shall be mentioned the name, nationality, profession, and 
residence of the inventor, the title of the invention and its 
object, reference being made to the descriptive^ report and 
articles deposited. 

Art. 39. The decree granting the patent, together with the 
patent, invested with the legal formalities, shall be submitted 
for the imperial signature. 

Art. 40. Grants of patents shall be immediately published 
in the Diario Official, and the patentees shall be officially notified 
to apply for the respective title deeds, to pay the expenses and 
fees due, and to be present at the opening of the deposited 
envelopes on the day and hour fixed, which must be within a 
period of thirty days, in accordance with the provisions of 
article 4 of law No. 31-29, of October 14, 1882. 

Art. 41. At the act of opening there shall be present the 
Director of the Public Archives, the president of the Board of 
Trade of the Department of State, in person or represented by 
a chief of section of said Board, and the interested parties, or, 
in their absence, two Avitnesses, and the opening shall take place 
with the formalities specified in the first part of article 32 of 



Brazil 139 

the present regulations, and a memorandum of the same shall 
be drawn up. 

This memorandum shall be written in a book kept for that 
purpose by an employe of the Public Archives, and shall be 
signed by the aforesaid officials and interested parties or wit- 
nesses, and noted in the margin of the entry of deposit men- 
tioned in article 25. 

Art. 42. The formalities of the foregoing article shall be 
observed even when a previous and secret examination of the 
invention has taken place. 

Art. 43. The report shall be immediately published in full 
in the Diario Official, and one of the copies of the drawings, 
plans, models, or samples shall be laid open for public inspec- 
tion and examination at the office of the Public Archives for a 
period of fifteen days, and the interested parties will be per- 
mitted to make copies or have copies made by a competent per- 
son, provided they are made without injury to the originals 
and in the place where the same are exhibited. 

Art. 44. In case the previous and secret examination has not 
taken place, the Government, having published the report, shall 
order a verification of the requirements and conditions required 
by law for the validity of the patent according to the method 
established for such examination. The verification may be in- 
trusted to other professional men or experts whom the Govern- 
ment may think competent, according to the nature of the in- 
vention. 

Provisional patents. 

Art. 45. Persons applying for provisional patents shall de- 
posit, in a single copy, the report and documents accompany^ 
ing the same, with the formalities prescribed in articles 22 to 
27 of the present regulations. 

AVith the acknowledgment of receipt of this deposit, they or 
their duly authorized attorneys shall apply for the grant of 
a provisional patent, stating the term for which it is asked, 
which must not exceed three years ; and without other formality 
a provisional patent shall be issued to them by the Department 
of Agriculture, Commerce, and Public AVorks. 

Art. 46. If the person who has obtained a provisional patent 



140 Brazil 

uses the industry to which the invention is to be applied, he 
shall lose the right to claim the priority guaranteed from the 
date of the deposit. 

Art. 47. If within the term of the provisional patent the 
inventor applies for the patent of invention, he shall be allowed 
to add to, change, or substitute the deposit already made. In 
the contrary case, the term of the provisional patent having 
expired, he shall withdraw the deposit by means of a permit 
from the Government shown to the Director of the Public Ar- 
chives, who shall require a receipt of the delivery of the de- 
posit to be given him, and shall notify the Department of Agri- 
culture, Commerce, and Public Works of the delivery in order 
that the necessary entries may be made in the register of these 
patents. 

Art. 48. In the case of an official or officially recognized 
exhibition the Government shall, by a single act, declare pro- 
visional protection for a specified time on the ownership of the 
inventions exhibited, provided that the reports and their re- 
spective documents have been previously deposited in the pub- 
lic archives, the receipt of such deposit constituting the title. 
The act of the Government shall mention the provision of article 
46 of the present regulations. 

Art. 49. The provisional patents shall not be valid for more 
than three years. 

.' : Expenses and annuities. 

Art. 50. Applicants and patentees of patents, certificates of 
improvement, and provisional patents shall pay, besides the 
fees due according to the regulations in force, the expenses 
which have been incurred with the previous examinations and 
other investigations preceding the delivery of the respective 
titles. 

Art. 51. The patentees of patents or their successors shall 
pay a tax of 20 milreis for the first year, 30 milreis for the 
second, 40 milreis for the third, increasing 10 milreis for each 
year that shall ensue over the preceding annuity for the entire 
term of the patent. 

Interested parties may be relieved of the obligation of the 
annual payment by paying into the public Treasury or other 



Brazil 141 

fiscal agency the whole amount of the annuities with a discount 
of 25 per cent. In no case will the annuities be refunded. 
Patentees of certificates of improvement will pay, once for all, 
an amount corresponding to the annuity due on the patent of 
the principal invention. 

Nullity of patents. 

Art. 52. Patents and certificates of improvement shall be 
null- 

1. If in their concession any one of the requirements of 
paragraphs 1, 2, and 3 of Article 1 of law No. 3129, of October 
14, 1882, has been infringed. 

2. If the patentee did not have priority. 

3. If the patentee has falsified the truth or concealed essen- 
tial matter in the report descriptive of the invention in regard 
to the nature of the invention, its object, manner of using it, 
or the distinguishing features of the invention. 

4. If the title of the invention is, with fraudulent purpose, 
diverse from its real object. 

5. If the improvement has not an indispensable relation 
with the principal invention or industry and can constitute a 
separate invention or industry. 

6. If the patent of improvement has been granted without 
regard to the priority referred to in article 2, paragraph 3, 
of law No. 3129, of October 14, 1882. 

Art. 53. The nullity can be absolute or relate to a specified 
part of the invention. 

Art. 54. The following are competent to promote an action 
for nullity: 

1. The Solicitor of the National Treasury and his assistants, 
in the cases specified in article 2, No. 1, of these regulations. 

2. The interested parties, with the assistance of that official 
or his assistants in all other cases. 

The inventors, or their legitimate representatives, whose rights 
have been violated by the patent granted, and any person in 
a civil capacity, who may consider himself prejudiced as the 
consumer of the products of the patented industry, are consid- 
ered the interested parties. 

Art. 55. When the Solicitor of the National Treasury and 



142 Brazil 

his assistants act as assistants in an action for nullity, they 
shall be heard ex officio on the proceedings of the process, and 
particularly on any agreement, compact, or transaction which 
may put an end to the private action, and they shall have the 
power to proceed with the action if public policy requires it. 

The same procedure shall be observed in the case of the with- 
drawal of a private action at any stage of the proceedings of 
the trial or in any court of instance of the cause. 

Art. 56. Judgments of nullity shall be declared by the com^ 
mercial court of the capital of the Empire by means of the 
summary process mentioned in articles 237 to 241, of decree 
No. 737 of November 25, 1850, with the following modifications : 

1. The requirement of paragraph 1 of the aforesaid article 
237 wiU be satisfied by the production of certificates or certified 
copies of the patents and certificates of improvement, of the 
descriptive reports and documents deposited, of the reports of 
the examiners, when there has been a previous examination, 
and any other documents in proof of the rights of the author 
and the obligations of the accused in conformity with law No. 
3129 of October 14, 1882, and the present regulations. 

2. All the exceptions, save hypothetical questions, constitute 
the matter of defense and shall be alleged at the time the defense 
is presented. 

3. The examination of the witnesses shall not exceed two 
ordinary hearings in addition to the first hearing, and whatever 
extra hearings the judge may order shall come within this 
period. 

Art. 57. An action for nullity in the cases of article 1, para- 
graph 1, Nos. 1 and 2 of law 3129, of October 14, 1882, having 
been begun, the effects of the patent grant and the use of the 
invention shall remain suspended until the final decision. 

If the patent is not annulled, the respective patentee shall 
be reinvested in its enjoyment for the whole term of the 
privilege. 

Extinction of patents. 

Art. 58. Patents and certificates of improvement shall be- 
come extinct in the following cases: 

1. The patentee not making effective use of the invention 
within three years, counting from the date of the patent. 



Brazil 143 

2. The patentee not making- effective use of an improvement 
on the invention of another person within the period of one 
year, counted from the cessation, from whatever cause, of the. 
principal patent. 

3. The patentee suspending the effective use of the invention 
for more than one year, except by reasom of superior force 
judged sufficient by the Government after consulting the re- 
spective section of the Council of State. By use is understood, 
in these two cases, the effective exercise of the patented indus- 
try and the supply of the products in proportion to their em- 
ployment or consumption. 

4. The patentee not paying the annuities within the terms of 
the law. 

5. The patentee residing outside of the Empire not constitut- 
ing a duly accredited attorney to represent him before the 
Government or in court. 

6. Through the express renunciation of the patent. 

7. The patent or foreign title for an invention also patented 
in the Empire being discontinued from any cause. 

8. The term of the privilege having expired. 

Art. 59. The extinction of patents can be declared at the 
request of the interested parties or ex officio by the Govern- 
ment, the Department of Agriculture, Commerce, and Public 
A¥orks being empowered to collect the necessary documents and 
proofs. 

A claim for extinction having been presented by any inter- 
ested party, the Government shall jorder the investigations it 
may deem necessary before rendering its final decision. 

From a decision declaring the extinction of a patent, there 
shall be an appeal to the Council of State. 

Art. 60. It being proved that the patented industry does not 
supply the products in quantity sufficient for the needs of em- 
ployment or consumption, the Government shall fix a reasonable 
time for the increased production of such products; and if, 
this term having terminated, the production continues insuffi- 
cient, the privilege can be restricted to a zone determined by 
an act of the Government, with the approval of the legislative 
power. 



144 Brazil 

Infringements of patents. 

Art. 61. The following will be considered infringers of the 
patent : 

1. Those who, without license from the patentee, manufact- 
ure the products, employ the means, make the applications, or 
use the improvements which are the object of the patent. 

2. Those who import, sell, or expose for sale, conceal, or 
receive for the purpose of sale, products which are infringe- 
ments of the privileged industry, knowing them to be such. 

Art. 62. The employment of the means and the use of the 
applications constitute an infringement, although they may not 
have for their object the exercise of the patented invention. 

Art. 63. The following will be considered as aggravating 
circumstances : 

1. The infringer being, or having been, an employee or 
workman in the establishment of the patentee. 

2. The infringer having associated with an employee or 
workman of the patentee, for the purpose of acquiring knowl- 
edge of the practical method of obtaining or employing the 
invention. 

Art. 64. The defense of an infringer which is based on the 
nullity or lapse of the patent shall not be admitted, unless the 
nullity has been declared in a previous action, and the infringe- 
ment was not committed during the term of duration of the 
patent. 

Procedure and penalties. 

Art. 65. The infringers of a patent shall be punished, for 
the benefit of the public coffers, with a fine of from 500 milreis. 
to 5,000 milreis, and for the benefit of the patentee, with from_ 
10 to 50 per cent of the amount of the damage caused or whick 
may be caused. The penalties shall not be cumulative for the 
repetition of the infringements prior to the commencement of 
the prosecution. Subsequent offenses constitute a repetition of 
the infringement and are subject to a new process. 

Art. 66. Except when two or more persons have committed 
the same infringement, the infringers of a patent are not liable 
as joint debtors for the indemnification for damage, but each 
one shall be responsible for the damage which he personall>^ 
has caused. 



Brazil 145 

Art. 67. The products manufactured in contravention of a 
patent, as well as. the respective instruments and apparatus^ 
shall be adjudged to the patentee by the same sentence which 
condemns the authors of the infringements. 

Art. 68. The cognizance of infringements belongs to the 
district judges of the districts in which they occur. 

The preparation of the accusation and the judgment shall 
be regulated by law No. 562, of July 2, 1850, and decree No, 
707, of October 9, of the same year, in so far as they apply. 

Art. 69. To the same district judges belong the right to 
grant, with or without security, warrants of search, for the 
seizure or detention and deposit, which may be requested as a 
preliminary of the proceedings or during the proceedings. In 
the execution of such searches the formalities prescribed by 
articles 189-202, of the Code of Criminal Procedure, shall be 
observed. 

During the searches there shall be present the secretary of the 
judge and the experts necessary for the verification of the ob- 
jects which are used to commit the infringement and the dis- 
crimination of those which do not infringe. 

In the case of an industrial establishment, the seizure or de- 
tention shall include the account books and correspondence. 

Art. 70. Prior to the seizure or detention and deposit the 
injured party may request the judge to order an inspection, in 
which shall be verified and described everything that may be 
found and may constitute an infringement of the patent. Such 
inspection shall be made in all cases when the industrial estab- 
lishments are' open and operate publicly. 

Art. 71. Patentees must institute proceedings within three 
days from the date on which the preliminary investigation was 
concluded, under penalty of the same becoming null and void. 

The investigation or inspection shall also be null if, after the 
commencement of the proceedings, these are suspended by the 
author for more than fifteen days. 

Art. 72. The proceedings referred to in the preceding articles 
shall not prevent patentees from instituting actions for indem- 
nification for damages caused or which may be caused. 



146 Brazil 

Police offenses. 

Art. 73. The following will be punished with a fine of from 
100 to 500 milreis : 

1. Those who announce themselves as possessors of a patent 
by using emblems, marks, placards, or labels upon products or 
articles prepared for commerce or exposed for sale, as if they 
had been patented. 

2. Inventors who continue to exercise an industry as pat- 
ented when the patent has been suspended or annulled, or has 
become extinct. 

3. Privileged inventors who in prospectuses, advertisements, 
placards, or by any mode of public notice shall mention pat- 
ents without designating the special object for which they were 
obtained. 

4. Professional men or experts who, in the hypothetical case 
provided for by article 3, paragraph 2, of law No. 3129, of 
October 14, 1882, and articles 31-33 of the present regulations, 
cause the general diffusion of the secret of the invention, with- 
out prejudice, in such case, to such criminal or civil actions as 
the laws permit. 

Art. 74. The infringements of which the preceding article 
treats, shall be prosecuted and judged as police offenses, in con- 
formity with the legislation in force. 

Begistration of patents and other titles. 

Art. 75. Applications for patents and certificates of im- 
provement, together with their accompanying documents, shall 
be preserved at the Department of Agriculture, Commerce, and 
Public Works, under the number of their respective patents. 
These numbers shall be communicated to the Office of the Pub- 
lic Archives in order that they may be also written on the 
corresponding envelopes which are there deposited. There shall 
be kept at the same Department the following books, which 
shall be opened, numbered, stamped on each page and closed 
by the chief of the Board of Trade, the titles and chronological 
order being inscribed on the face of the volumes of each series : 

1. A register of applications for patents. 

2. A register of patents. 

3. A register of patents confirming foreign privileges. 



Brazil 1^" 

4. A register of certificates of improvement on the inven- 
tion of another person. 

5. A register of certificates of improvement on the appli- 
cant's own invention. 

6. A register of provisional patents. 

These books must have margins sufficient for entries and 
notes. 

7. A general register. 

8. An index of the nam-cs of patentees. 

9. An index of the subjects of patents. 

10. An index of extinct patents. 

Art. 76. In the general register shall be registered all pat- 
ents granted under law No. 3129, of October 14, 1882, giving 
the order in which they are granted, the date of issue, name 
and residence of the patentee and his attorney, if there is one, 
the object and term of the patent, the industrial establishments 
or factories and deposits, the documents proving the effective 
exercise of the patent, the annuities paid, the transfers and 
cessions and their documents, the date of these, the name of 
the person to whom the transfer is made and his attorney, the 
extinction of the patent and its causes, together with any refer- 
ences or remarks. 

Art. 77. Directly the patent is granted it shall be entered in 
the general register in the order of its respective number, and 
the registration shall be indorsed on the patent or certificate of 
improvement. It shall then be recorded in the special register, 
and the original copy of the patent shall be delivered to the 
patentee as soon as possible. 

Art. 78. As soon as the documents or authenticated acts of 
the transfer or cession of patents are presented, they shall be 
entered in the general register, and after the registration has 
been certified on the patents or certificates of improvement, these 
shall be returned to the person presenting the documents of 
transfer, and the documents shall be filed. 

If the patents or certificates of improvement are not pre- 
sented on account of the transfer or cession being partial, lim- 
ited or conditional, a certificate shall be given to the cessionaire. 

Art. 79. The docimients relating to the suspension, limita- 
tion, or extinction of a patent can be presented by any inter- 
ested party, and, if they are in legal form, they shall be en- 



148 Brazil 

tered in the general register and filed, and a certificate shall 
be given to the person presenting the same, if he so desires. 

Art. 80. If after the entry has been made in the general 
register, other documents are presented requiring a second entry 
in the register, the fact shall be noted in the column reserved 
for remarks, and the registration in duplicate having been 
certified, the same shall be returned to the holder. 

In said column shall be mentioned similar incidents which do 
not come under the other columns. 

Art. 81. In the column of references shall be indicated the 
places of such registration, of the special book or any book in 
which may be found acts connected Avith that to which refer- 
ence is made, such as the patents of improvement in connection 
with the principal patents, and vice versa. 

Art. 82. The entries of the general register are proof of the 
respective acts, and the absence of these establishes the pre- 
sumption that they did not occur. 

Art. 83. It being proved that the documents presented and 
registered are false, the registration shall be canceled by a de- 
cision of the Government, based on legal proof of the falsifi- 
cation. 

The authors of the falsification shall be liable to the criminal 
or civil actions which are competent in the case, in accordance 
with the common laws. 

Art. 84. Any person may request elucidation of the regis- 
trations in the Department of Agriculture, Commerce, and Pub- 
lic Works, or of the objects deposited in the public archives, 
and certificates and copies of documents will be given to any 
person requesting the same, at his cost. 

Art. 85. Before the 31st day of January of each year a list 
of the patents granted during the preceding year shall be made 
up from the general register, giving such changes as may have 
occurred as regards the ownership of the patents and exercise 
of the respective industries. This list shall be published in the 
Diario Official and also in the official paper of each Province. 

A copy of the list shall be annexed to the annual report of the 
Department of Agriculture, Commerce, and Public Works to 
the General Legislative Assembly. 



Brazil 149 

Patents granted under the former law. 

Art. 86. Patents of inventions already granted will continue 
to be governed by the law of August 28, 1830, the provisions of 
article 5, paragraph 2, Nos. 1 and 2, and of article 6 of law 
No. 3129, of October 14, 1882, with the exception of pending 
processes or actions, being applicable to them, as well as the 
corresponding provisions of the present regulations. 

Art. 87. For the execution of the preceding article, a sup- 
plementary register of such of the said patents as are still in 
force shall be made in the form, prescribed in article 76. 

In conformity Avith this provision, the holders, by whatever 
title, of such patents shall be obliged to present them at the 
Department of Agriculture, Commerce, and Public Works, 
within five months from the date of the present regulations, 
together with the legal documents which prove the transfers or 
cessions which have been made and the legality of the present 
ownership and use of the patent, and a memorandum of the 
acts relating to the effective exercise of the inventions, such as 
the existing industrial establishments, factories, or deposits, the 
places in which they operate, and any other matter which they 
may think necessary for the guarantee of their rights. 

A receipt acknowledging the presentation of the patents, 
deeds, and documents shall be given to the holders. 

Art. 88. Within thirty days following the expiration of the 
aforesaid period, the Department of Agriculture, Commerce, 
and Public Works shall organize a supplementary register, 
giving the patents received in the order of their dates, and 
after the registration has been certified on the patents they shall 
be returned to their owners, who shall acknowledge the receipt 
in writing. 

Art. 89. The patents which are not presented within the 
term specified in article 87 of the present regulations, shall be 
considered as lapsed; and from the date of registration of the 
patents presented shall commence the comminatory effects of 
article 5, paragraph 2, Nos. 1 and 2 of law No. 3129, of October 
14, 1882. 

Art. 90. The provisions of articles 75 and 85 of the present 
regulations shall be applicable to the supplementary register. 

Art. 91. All provisions to the contrary are hereby repealed. 



150 Brazil 

TRADE MARK LAW. 

[Octoher IJ^, 1887.]^ 

Article 1. The producer or merchant has the right to dis- 
tinguish his merchandise or products by means of special marks. 

Art. II. Industrial and trade marks may consist of every- 
thing which this law does not prohibit (art. 8) and which may 
distinguish articles from others, identical or similar, of differ- 
ent origin. 

Any name, special or common denomination, partnership 
designation or signature, and letters or ciphers only, will serve 
for this purpose, if invested with a distinctive form. 

Art. III. In order to secure the exclusive use of said marks 
their registry, deposit, and publication according to this law 
are indispensable. 

Art. IY. The Commercial Junta (Council) or Inspectoria 
(Board of Inspection) of the locality of the establishment, or 
of the principal one, when more than one of the same kind be- 
long to only one owner, is competent for the registry. The 
Commercial Junta of Rio de Janeiro is also competent for the 
registry of foreign marks, and as the central depository of 
those registered in other juntas or inspectorias. 

Art. V. To effect the registry, a petition from the party 
interested, or his special attorney, is necessary, accompanied by 
three samples of the mark, containing : 

1. A representation of Avhat constitutes the mark, with all 
its accessories and explanations. 

2. A declaration of the product of industry or trade for 
which it is designed, the occupation of the petitioner and his 
place of residence. 

Art. YI. The secretary of the Junta, or the employee of the 
Inspectoria appointed for that purpose, shall certify on each 
of the models the day and hour of its presentation, and should 
the registry be ordered, he shall deposit one of them in the 
archives and deliver the others to the party interested, with a 
note of the registry and its number. 

Art. YII. Within thirty days the party interested shall pub- 
lish, in the newspapers that insert the acts of the General or 
provincial Government, the certificate of registration, contain- 
ing the explanation of the characteristics of the mark, copied 



Brazil 151 

from the declaration required by article 5, Xo. 1; and within 
sixty days (reckoning- these terms from the date of the said 
registry), he shall deposit one of the models in the Commercial 
Junta of Kio de Janeiro, according to article -i. 

Art. VIII. The registration of a mark is prohibited which 
contains or consists of — 

1. Coats of arms, armorial bearings, decorations, or insignia, 
public or official, domestic or foreign, when their use has not 
been duly authorized. 

2. A commercial or partnership name which the petitioner 
can not lawfully use. 

3. The indication of a fixed locality or establishment which 
is not that of the origin of the article, whether there be joined 
to this indication a fictitious name or another's name, or not. 

4. Words, images, or representations which involve offense 
to individuals or to public decorum. 

5. The reproduction of another mark already registered for 
an article of the same species. 

6. Total or partial imitation of a mark already registered 
for a product of the same species, and which may mislead or 
confuse the buyer. The possibility of error or confusion will 
be considered to be verified whenever the differences of the 
two marks can not be recognized without comparison or at- 
tentive examination. 

Art. IX. In registering trade marks the following rules 
shaU be observed: 

. 1. Priority in the day or hour of the presentation of the 
mark establishes preference as to registration in favor of the 
petitioner. In case of the simultaneous presentation of two or 
more identical or similar marks the preference of that one will 
be admitted which has been used or possessed for the longest 
time, and in default of this requisite none will be registered 
without being modified by the parties interested. 

2. In case of doubt as to the use or possession of a mark, 
the Junta or Inspectoria will order the parties interested to 
settle the question before the Commercial Tribunal and they 
will then proceed to registration in conformity with the judg- 
ment. 

3. Should identical or similar marks, as set forth in article 
8, X"os. 5 and 6, be registered in different juntas or inspectorias. 



152 Brazil 

the one which is prior in date shall prevail, and in case of 
simultaneous registry each of the parties interested can apply 
to the said Commercial Tribunal, that shall decide which shall 
be maintained, having in view the provisions of No. 1 of this 
article. 

4. The junta or inspectoria to which shall be presented a 
certificate that the action is pending to which reference is made 
in the preceding number shall at once order the registration 
to be suspended till the final decision of the cause, which reso- 
lution shall be published in the official journal at the cost of 
the interested party. 

Art. X. From the decision refusing registration, an appeal, 
with suspensive effect, can be made to the Court of Appeals of 
the district, in conformity with regulation No. 143 of March 
15, 1842. 

Like appeal against the admission of the mark can be made 
by- ; 

1. Anyone who considers himself prejudiced by it as regards 
some registered mark. 

2. The party interested in the cases named in article 8, Nos. 
2 and 3. 

3. The party offended in the cases named in No. 4, first part. 

4. The public prosecutor in the two Nos. 1 and 4, last part. 
The term allowed for making these appeals shall be five days, 

reckoning from the publication of the decision ; but if the party 
does not reside in the place where the decision was made, and if 
there is no special prosecuting officer there, the term shall com- 
mence to run thirty days later. 

Art. XI. Neither the failure to make an appeal nor its 
postponement shall destroy the right of any other party to 
bring suit in conformity with the preceding article — 

1. For procuring the nullification of the registration made 
contrary to the provisions of article 8. 

2. To oblige the competitor who is entitled to the same or a 
similar name to modify it so that error or confusion may be 
impossible. (Art. 8, No. 6, last part.) 

This action can only be brought by one who can prove prior 
possession of the mark or name for commercial or industrial 
use, though he has not registered it and it expired by limita- 
tion, like that referring to article 8, Nos. 2, 3, and 4, first part, 



Brazil 153 

if not brought within six months after the registry of the 
mark. 

Art. XII. The registration shall be valid for all purposes 
for fifteen years, at the end of which it can be renewed, and 
so on thereafter. 

The registration shall be regarded as null and void if the 
owner of the registered mark shall not make use of it within 
the term of three years. 

Art. XIII. The mark can only be transferred together with 
the product of industry or trade for Avhich it has been adopted, 
after it has been duly entered in the register, upon examination 
of authentic documents. 

A like note shall be made should the firms be altered and 
the mark still continue to be used. In both cases publication 
is necessary. 

Art. XIV. The following persons shall be punished with 
imprisonment from one to six months and a fine for the use of 
the State of 500 to 5,000 milreis : 

1. Whoever reproduces wholly or in part, by whatever 
means, any industrial or trade mark duly registered and pub- 
lished, without the authority of the owner or his legal repre- 
sentative. 

2. Whoever uses a mark belonging to another, or forged, as 
set forth in No. 1. 

3. Whoever sells or offers for sale articles bearing a mark 
wholly or partly forged or belonging to another. 

4. Whoever imitates an industrial or trade mark, in such a 
manner that the buyer may be deceived. 

5. Whoever uses a mark so imitated. 

6. Whoever sells or offers for sale articles bearing an imi- 
tated mark. 

7. Whoever uses a commercial name or firm which does not 
belong to him, whether it forms part of a registered mark 
or not. 

Par. 1. To constitute the imitation referred to in Nos. 4 to 
6 of this article, it is not necessary that the resemblance of 
the mark should be complete. It is sufficient, whatever the 
differences, that there should be a possibility of mistake or con- 
fusion, as set forth in article 8, last part. 

Par. 2. The usurpation of the commercial name or firm re- 



154 Brazil 

f erred to in No. 7 shall be considered as existing, whether the 
reproduction be entire, or whether there be additions, omis^ 
sions, or alterations, provided that there be the same possibility 
of mistake or confusion on the part of the buyer. 

Art. XY. The following persons shall be punished with a 
fine of 100 to 500 milreis, for the use of the State: 

1. Whoever, without due authority, uses, as an industrial oi^ 
trade mark, arms, armorial bearings, or public or official in- 
signia, domestic or foreign. 

2. Whoever uses a mark that offends public decorum. 

3. Whoever uses an industrial or trade mark that contains 
an indication of a locality or establishment which is not that 
of the place of origin of the merchandise or product, whether 
there be joined to this indication another's name or a fictitious 
one or not. - 

4. Whoever sells or oft'ers for sale merchandise or products 
bearing marks such as are set forth in Nos. 1 and 2 of this 
article. 

5. Whoever sells or offers for sale merchandise or products 
such as are set forth in No. 3. 

Art. XVI. Whoever uses a mark containing anything per- 
sonally offensive, or who sells or off'ers for sale articles bearing 
such a mark, shall be visited with the penalties of article 237, 
paragraph 3, of the Criminal Code. 

Art. XVII. The criminal action against offenses named in 
Nos. 1, 2, and 4 of article 15, shall be instituted by the public 
prosecutor of the district where articles are found which bear 
the marks therein mentioned. 

Every producer of or dealer in a like article, residing in the 
place whence it comes and the owner of the establishment 
falsely indicated are competent to bring the suit against the 
offenders named in Nos. 3 and 5, and the party offended or the 
party interested against those named in articles 14 and 16. 

Art. XVIII. Eepetition of the offense shall be punished 
with double the penalties fixed in articles 14, 15, and 16 if ten 
years have not elapsed since the previous condemnation for 
any one of the offenses named in this law. 

Art. XIX. The said penalties do not exempt the delinquents 
from paying indemnity for the loss caused by them, and which 
the parties injured can demand by proper suit. 



Brazil 155 

Art. XX. The sentence pronounced on the offenses embraced 
in this law shall be published in full by the successful party in 
the same journal in which the registries were published; other- 
wise they shall not be enforced. 

Art. XXI. The party interested can demand: 

1. A search or inspection to ascertain the existence of forged 
or imitated marks, or of merchandise or products that contain 
them. ■ 

2. The seizure and destruction of forged or imitated marks 
in the workshops in which they are prepared, or whenever they 
may be found before they are used for a criminal purpose. 

3. The destruction of forged or imitated marks on the pack- 
ages or articles bearing them, before they are cleared from the 
custom-house, even though the w^rappers and the merchandise 
or products themselves may be thereby damaged. 

4. The seizure and deposit of merchandise or products bear- 
ing a forged or imitated mark or one indicating a false origin, 
as set forth in article 8, No. 4. 

Par, 1. The seizure and deposit only take place as prelimi- 
naries of an action, or in the course of it, and are of no effect 
if it be not instituted within thirty days. 

Far. 2. The articles seized will serve to guarantee the pay- 
ment of the firm, and to indemnify the party, for which pur- 
pose they will be sold at public auction, if they easily spoil, or 
in case of execution. 

Art. XXII. Either of the measures referred to in the pre- 
ceding article will be ordered or granted by the commercial 
judge whenever the party presents his petition with a cer- 
tificate of the registration of the mark (art. 6) ; but in case of 
search the judge should observe the formalities prescribed in 
articles 189-202 of the Code of Procedure and in other legis- 
lation in force, and can, when he thinks proper, require security. 

The production of the certificate of registry of the mark is 
unnecessary when the question is as to merchandise or products 
set forth in article 8, Nos. 1, 2, 3, and 4. 

Art. XXIII. AVithout the production of the certificate of 
registry no action shall be admitted for trial, in virtue of this 
law, except that of article 11 ; but the injured party shall still be 
entitled to the indemnity due for the appropriation of the mark 
which he used prior to the registry. 



156 Brazil 

Art. XXIV. The tribunal competent for the trial of actions 
referred to in this law is that of the domicile of the defendant 
or of the place in which were found the merchandise and prod- 
ucts marked with the forged or imitated mark. 

The indictment and judgment shall be regulated by law 
No. 562 of July 2, 1850, and decree No. 707 of October 9 of 
the same year. 

The form of procedure for the actions of article 11 shall be 
that of articles 236 and the following ones of regulation No. 
737 of November, 1850. 

Art. XXV. The provisions of this law are applicable to 
Brazilians or foreigners whose establishments are without the 
Empire, under the following requirements: 

1. That there exists between the Empire and the nation in 
whose territory are the said establishments a diplomatic conven- 
tion securing reciprocity of guarantee for Brazilian marks. 

2. That the marks have been registered in conformity with 
local law. 

3. That the respective model and certificate of registration 
have been deposited in the Junta Commercial of Rio de Janeiro. 

4. That the certificate and explanation of the mark have 
been published in the Diario Official. 

Art. XXVI. In case of compliance with requirements Nos. 
2 to 4 of the preceding article the provision in article 9, No. 3, 
shall have effect in favor of marks registered in foreign coun- 
tries (which signed the convention promulgated by decree No. 
9233 of June 28, 1884, or which approved it) for the space of 
four months, counting from the day when the registration is 
made according to local law. 

Art. XXVII. The registration of industrial and trade marks 
shall be preceded by the payment of fees, which the Government 
will fix by regulation, .not exceeding those paid for registrations 
and annotations of commercial contracts, and 20 per cent more, 
part of which will be paid to the Junta Commercial of Rio de 
Janeiro, as compensation for the increase of work which it 
will have. 

Art. XXVIII. The guarantees given by law No. 2682 of 
October 23, 1875, are applicable to the marks registered in con- 
formity therewith. 



Brazil 157 

Art. XXIX. The Government will issue the regulations 
necessary for the execution of this law. 

Art. XXX. All laws and provisions contrary to this are 
hereby repealed. 

REGULATIONS FOR THE EXECUTION OF THE TRADE 

MARK LAW. 

Chapter I. 

Preliminary provisions. 

Article 1. The efficacy of the guarantees established in law 
No. 3346 of October 14, 1887, in favor of industrial (or manu- 
facturing) and trade marks, depends on the registration, de- 
posit, and publication of said marks. (Law, art. 3.) 

Art. II. Registration shall be made in the Commercial Junta 
or Inspectoria of the locality of the establishment or of the 
principal one, if more than one of the same kind the owner has 
deposit, in the Junta Commercial of Rio de Janeiro ; and pub- 
lication, by copying the certificate of registration in the jour- 
nal that publishes the acts of the General or Provincial Gov- 
ernment, according to the locality where the establishment is 
situated. (Law, arts. 4, 7.) 

Art. III. The registration shall be valid for all its effects 
for fifteen years, on the expiration of which it can be renewed, 
and so on thereafter. But it shall be considered void if the 
owner makes no use of it within three years. (Law, art. 12.) 

Art. IV. The guarantees of the aforesaid law No. 3346 of 
October 14, 1887, are applicable to Brazilians and foreigners 
whose establishments are outside of the Empire, whenever the 
following requirements concur: 

1. That between the Empire and the nation in whose terri- 
tory the said establishments exist, there be a diplomatic con- 
vention securing reciprocity of guarantees for Brazilian marks. 

2. That the marks have been registered in conformity with 
local law. 

3. That the respective model and certificate of registration 
have been deposited in the Commercial Junta of Rio de Janeiro. 

4. That the certificate and explanation of the mark have been 
published in the Diario Official. (Law, art. 25.) 



158 Brazil 

Art. V. In favor of marks registered in foreign countries 
which signed the convention promulgated by decree No. 9233 
of June 28, 1884, or which afterwards agreed to it, the pro- 
vision of article 20 of this regulation is valid for the term of 
four months, counting from the day when the registration is 
made according to local laAv whenever the requirements indi-. 
cated in Nos. 2, 3, and 4 of the preceding article have been 
complied with. (Law, art. 26.) 

Art. YI. For the execution of the provisions of articles 4 
and 5, the Government will inform the commercial juntas and 
inspectorias which nations have concluded with the Empire 
diplomatic conventions securing reciprocity of guarantees for 
Brazilian marks and which have signed or adopted the conven- 
tion promulgated by the cited decree No. 9233 of June 28, 
1884. 

Art. YII. The industrial or trade mark can only be trans- 
ferred with the article of industry or trade for which it has 
been adopted, an entry thereof being duly made in the register, 
upon examination of an authentic document. A similar entry 
shall be made when partnership names are altered, but the mark 
continues to be used. In both cases publication is necessary, in 
conformity with article 2. (Law, art. 13.) 

Art. YIII. The guarantees given in law No. 3346, of Oc- 
tober 14, 1887, are applicable to marks registered in conformity 
with law No. 2682, of October 23, 1875. (Law, art. 28.) 

Chapter II. 

Of industrial and trade marks; their registration, deposit, and 

publication. 

Art. IX. There shall be admitted to registration as an in- 
dustrial or trade mark whatever distinguishes an article from 
others, identical or similar, of different origin; also, any name, 
special or common denomination, partnership designation or 
signature, letter or cipher, if invested with a distinctive form. 

Marks are excepted and can not be admitted to registration 
which contain or consist of: 

1. Coats of arms, armorial bearings, decorations, or insignia, 
public or official, domestic or foreign, when not duly authorized. 



Brazil 159 

2. A commercial or partnership name which the petitioner 
can not lawfully use. 

3. The indication of a fixed locality or establishment which 
is not that of the origin of the article. 

4. Words, images, or representations which involve offense 
to individuals or to public decorum. 

5. The reproduction of another mark, already registered for 
an article of the same species. 

6. Total or partial imitation of a mark already registered 
for a product of the same species, and which may mislead or 
confuse the buyer. 

Bole paragraph . — "Yhe possibility of error or confusion wilJ 
be considered to be verified whenever the differences of the two 
marks can not be recognized without comparison or attentive 
examination. (Law, arts. 8, 2.) 

Art. X. To obtain registration, a petition by the party in- 
terested or his special attorney is necessary, accompanied by 
three samples of the mark, containing: 

1. The representation, by means of drawing, engraving, 
printing, or some analogous process, of what constitutes the 
mark with all its accessories, including the color or colors with 
which it should be used. 

2. Its explanation or description. 

3. A declaration of the article of industry or trade for which 
the mark is intended, the occupation of the petitioner and his 
place of residence. 

The petition, as well as the samples of the mark, should be 
made on substantial paper, 33 centimeters long and 22 wide, 
with a margin for binding, without creases or seams, and each 
one stamped, dated, and signed. (Law, art. 5.) 

Art. XI. As soon as a petition is presented for registration 
the secretary of the Junta Commercial, or, in the Inspectorias, 
the employee designated by the chief, shall certify on each 
model the day and hour of its presentation, giving the party a 
receipt when required and when the petition is drawn he will 
submit it for decision. (Law, art. 6.) 

Art. XII. AVhen the registration is ordered the secretary 
or the employee of the Commercial Inspectoria will certify it 
on each of the samples of the mark and will cause one of them 
to be placed in the archives with the petition, placing on it the 



160 Brazil 

order number, which he will note also on the other samples 
delivered to the party. (Law, art. 6.) 

Art. XIII. Within thirty days reckoned from the date of 
the registration the party interested shall publish in the official 
newspaper (art. 2) the description of the mark and the re- 
spective certificate, copied in full from one of the samples 
which, with the other from the newspaper, he shall deposit in 
the Junta Commercial of Rio de Janeiro within sixty days 
reckoned from the same date. 

Sole paragraph. — The party can, if he wishes it, include in 
the publication the drawing or representation of the mark. 
(Law, art. 7.) 

Art. XIV. These documents shall be bound at the end of 
the year, and to each volume shall be added an index, men- 
tioning in alphabetical order the nature of the products for 
which the marks are designed, and then, consecutively, the 
name of the proprietor, the order number of the archives, and 
the place of registration. 

Art. XV. Documents relative to registrations made in for- 
eign counties shall be bound in another volume, with a suitable 
index added to it. 

Art. XVI. Indexes corresponding to the past year will be 
published in the Diario Official in the month of July following. 

The Junta Commercial of Rio de Janeiro, having ascertained 
the correctness of the publication, which it will cause to be 
corrected, if necessary, shall communicate it to the Government 
for the purposes determined in the international treaties. 

Art. XVII. The commercial juntas or inspectorias will per- 
mit anyone who solicits the privilege to examine, in their offices 
and under the necessary guard, documents filed or deposited 
concerning industrial and trade marks. 

Art. XVIII. If before the completion of the registration of 
a mark, the registration of one or more identical or similar 
marks, is requested, the registration of that one shall be made 
which had precedence in the day and hour of presentation; 
in default of this requisite, the mark of that petitioner will 
be preferred who, within eight days, proves to the tribunal of 
the Commercial Junta or inspectoria that he has used or pos- 
sessed it for the longest time. In default of this proof none 
of the marks will be registered unless the parties interested 



Brazil 161 

modify them, so as to avoid errors or confusion. (Law, art. 9, 
No. 1, combined with art. 8, No. 6.) 

Art. XIX. In case of doubt arising as to the use or pos- 
session of the mark, the Commercial Junta or Inspectoria, if 
it deems it advisable, will order the parties interested to settle 
the question before the competent tribunal and the registration 
will then be made in conformity with the judgment. (Law, 
art. 9, No. 2.) 

Art. XX. Should it happen that identical or similar marks, 
as set forth in Nos. 5 and 6, and sole paragraph of article 9, 
are registered in different juntas or inspectorias, that which is 
prior in date will take precedence. 

In case of simultaneous registration, each of the parties inter- 
ested can apply to the competent tribunal that will decide which 
shall be maintained, having in view the provision in article 18. 
(Law, art. 9, No. 3.) 

Art. XXI. The junta or inspectoria to which may be pre- 
sented a certificate that this action is pending shall at once 
order the effects of the registration to be suspended until the 
final decision of the cause, which (order) the party interested 
shall publish in the official journal. (Law, art. 9, No. 4.) 

Chapter III. 

Of appeals. 

Art. XXII. From the decision refusing or granting regis- 
tration of an industrial or trade mark an appeal can be taken 
with suspensive effect, to the court of appeals of the district, 
according to regulation No. 143, of March 15, 1842: 

{a) In the first case, by the party who has asked for the 
registration. 

(&) In the case of grant of the registration. 

1. By the public prosecutor in the cases of Nos. 1 and 4, last 
part, of article 9. 

2. By the owner of a commercial name or firm which he who 
has registered the mark can not lawfully use, in conformity 
with No. 2 of the cited article 9. 

3. By any producer of or dealer in similar goods who resides 
in the place falsely indicated as the place from which the 
article comes, in conformity with No. 3. 



162 Brazil 

4. By the owner of the establishment also falsely indicated 
as the place of origin of the article, in conformity Avith said 
No. 3. 

5. By the party injured in the case of No. 4, first part. 

6. By the party interested in the registered mark in the 
cases of Nos. 5 and 6. (Law, art. 10, combined with art. 17, 
second part.) 

Sole paragraph. — Appeal can be made in the case of No. 2 
of this article, although the owner of the commercial name or 
firm has not registered the mark, and though the reproduction 
be not entire, and though these be additions, omissions, or alter- 
ations, whenever the possibility of error or confusion is veri- 
fied. (Law, art. 10, combined with art. 11, last part; and art. 
14, No. 7, par. 2.) 

Art. XXIII. The term for taking an appeal will be five days, 
counting from the publication of the decision, but if the party 
does not reside in the place where the publication is made, and 
if there is not a special prosecutor there, the term will begin 
to run thirty days after. (Law, art. 10, last part.) 

Art. XXIV. The Commercial Junta shall confirm the de- 
cision within twenty-four hours, counting from the first session 
after the presentation of the first draft (minute) of the appeal, 
if the appeal be not allowed. The Commercial Inspectorias shall 
make their decision within twenty-four hours, reckoned from 
the presentation of the minute, if they maintain their refusal 
of the registration. 

Art. XXV. In the commercial juntas, the employee who has 
served as register in the case is competent to draw up the ap- 
peal for the court of appeals of the district; and in the in- 
spectorias, whoever may be designated by the chief. 

The presentation of the papers to the tribunal devolves in the 
inspectorias on the said employee, and in the juntas, on the 
secretary. 

Art. XXYI. Besides the appeal, the persons mentioned in 
article 22 and in the cases respectively provided therein can 
institute a suit for the nullification of the registration. (LaAV^ 
art. 11.) 

Art. XXVII. The owner of a commercial name or firm is 
entitled to sue a competitor in the same kind of industry or 
trade, Avho has a claim to an identical or similar name or firm,. 



Brazil 163 

to compel him to modify them, so there can be no error or con- 
fusion, on proof of prior possession for industrial or commercial 
use. 

Sole paragraph.— This suit is admissible though the plaintiff 
has not registered the name or firm and though there has not 
been a complete reproduction, but one with additions, omis- 
sions, or alterations, provided there be possibility of error or 
confusion. (LaAv, art. 11, combined with art. 14, No. 7, par. 2.) 

Art. XXVIII. The tribunal competent for the suits named 
in articles 19, 20, 26, and 27 is that of the defendant's domicile, 
or of the place in which goods were found bearing the pro- 
hibited marks (art. 9) or where the usurpation of the name was 
practiced (art. 27). Its form of procedure is that of articles 
236 and those following of regulation 737, of November 25, 
1850. (Law, art. 24.) 

Art. XXIX. The suits referring to acts provided for in 
article 9, Nos. 5 and 6, can not be instituted without the pro- 
duction of the certificate of registration and of its publication, 
save, as to the latter, when dealing with acts which occurred 
within the term allowed for the insertion of the document in 
the official paper. (Law, art. 22, last part, and art. 23, first 
part.) 

Art. XXX. Those suits expire by limitation Avhich are re- 
ferred to in article 26, and which relate to the acts provided for 
in article 9, Nos. 2, 3, and 4, first part (individual ofi'ense), 
and in article 27 if not instituted within six months after the 
registration of the mark. (Law, art. 11.) 

Art. XXXI. The party injured by the appropriation of the 
mark, of which he made prior use, ^dthout having it regis- 
tered, is entitled to demand by means of a suitable action, in- 
demnity for the loss which he has suffered. (Law, art. 23.) 

Chapter TV. 
Of other guarantees of registered marks. 

Article XXXII. The guarantees of a duly registered mark 
which has been duly deposited and published are also rendered 
effective by means of — 

1. A search or inspection to ascertain the existence of forged 



164 Brazil 

or imitated marks, or of merchandise or products that contain 
them. 

2. The seizure and destruction of forged or imitated marks 
in the workshops in which they are prepared, or whenever they 
may be found before they are used for a criminal purpose. 

3. The destruction of forged or imitated marks on the pack- 
ages or articles bearing them, before they are cleared from the 
custom-house, even though the wrappers and the merchandise 
or products themselves may be thereby damaged. 

4. The seizure and deposit of merchandise or products bear 
ing a forged or imitated mark, or one indicating a false origin. 

5. Penal sanction against culprits. 

6. Indemnity for loss occasioned. (Law, art. 21.) 

Art. XXXIII. The measures of the preceding articles Nos. 
1-4, will be ordered by a commercial tribunal, or required by it 
of the chief of public offices or establishment in which are the 
goods or products subject to such proceedings, whenever the 
party demands them, exhibiting a certificate of the registration 
of the mark, and observing the folloAving provisions : 

1. In case of search, the formalities of articles 189-202 of the 
Code of Criminal Procedure must be complied with. 

2. The seizure and deposit only take place as preliminaries 
of the suit, or in the course of it, and are of no effect, if it be 
not instituted within thirty days, or if it be suspended by de- 
fault of the plaintiff for more than fifteen days. 

3. All duties due to the National Treasury having first been 
paid in the custom-house by the person who petitioned for the 
proceeding, the articles seized will be placed in the public 
depository. 

4. The said articles will serve as a guarantee of the payment 
of the fine and the indemnity of the mark, for which purpose 
they will be sold at public auction in the course of the suit, 
if they easily spoil, or in case of execution. (LaAV, art. 21. pars. 
1 and 2, and art. 22.) 

Art. XXXIY. Before ordering the measures (proceedings) 
of article 32, the judge, if he thinks proper, can require of the 
party security for payment of costs. The said party can appeal 
to the court of appeals of the district against the amount of 
the costs. 

Art. XXXV. The certificate of registration is not necessary 



Brazil 165 

in case of marks, goods or products coming under the pro- 
visions of article 9, Nos. 1-4, to all of which are applicable the 
guaranties of article 32, Nos. 1-4. (Law, art. 22, last part.) 

Chapter V. 

Of the penal sanction. 

Art. XXXVI. The following persons shall be punished with 
imprisonment from one to six months and a fine of 500 to 5,000 
milreis, for the use of the State: 

1. Whoever reproduces wholly or in part, by whatever means, 
any industrial or trade mark, duly registered and published 
without the authority of the OAvner or his legal representative. 

2. Whoever uses a mark belonging to another, or forged, as 
set forth in No. 1. 

3. Whoever sells or offers for sale articles bearing a mark 
wholly or partly forged, or belonging to another. 

4. Whoever imitates an industrial or trade mark in such a 
manner that the buyer can be deceived. 

5. Whoever uses a mark so imitated. 

6. Whoever sells or offers for sale articles bearing an imi' 
tated mark. 

7. Whoever uses a commercial or firm name which does not 
belong to him, whether it forms part of a registered mark or 
not. 

Par. 1. To constitute the imitation referred to in Nos. 4-6 
of this article, it is not necessary that the resemblance to the 
mark should be complete. It is sufficient, whatever the differ- 
ences, that there should be a possibility of mistake or confusion, 
as set forth in article 9, No. 6, last part. 

Par. 2. The usurpation of the commercial name or firm, re- 
ferred to in No. 7, shall be considered as existing, whether the 
reproduction be entire, or whether there be additions, omissions, 
or alterations, provided that there be the same possibility of 
mistake or confusion on the part of the buyer. (Law, art. 14, 
pars. 1 and 2.) 

Art. XXXVII. The following persons shall be punished 
with a fine of 100 to 500 milreis, for the use of the State : 
1. Whoever, without due authority, uses, as an industrial 



166 B^AZifi 

or trade mark, arms, armorial bearings, or public or official 
insignia, domestic or foreign. 

2. Whoever uses a mark that offends public decorum. 

3. Whoever uses an industrial or trade mark that contains 
an indication of a locality or establishment which is not that of 
the place of origin of the merchandise or product. 

4. Whoever sells or offers for sale merchandise or products 
bearing marks such as are set forth in Nos. 1 and 2 of this 
article. 

5. Whoever sells or offers for sale merchandise or products 
as set forth in No. 3. (Law, art. 15.) 

Art. XXXVIII. AVhoever uses a mark containing personal 
offense, or who sells or offers for sale articles bearing such a 
mark, shall be visited with the penalties of article 237, para- 
graph 3, of the Criminal Code. 

Art. XXXIX. The repetition of the offense shall be pun- 
ished with double the penalties fixed in articles 36, 37, and 38, 
if ten years have not elapsed since the previous condemnation 
for any of the offenses named in said articles. (Law, art. 18.) 

Art. XL, The penalties named do not exempt the delin- 
quents from payment of the loss caused by them, and which 
the parties injured can demand by proper suit. (Law, art. 19.) 

Art. XLI-. The sentences passed on the offenses named in 
this law shall be published in full by the successful party in the 
same journal in which the registrations were published; other- 
wise, they shall not be executed. (Law, art. 20.) 

Art. XLII. The criminal action for the offenses mentioned' 
in articles 36 and 38 shall be brought by the party interested or 
injured; that of article 37, Nos. 1, 2, and 4, by the public 
prosecutor of the district where were found the articles bearing 
the marks therein named; and that of Nos. 3 and 5 of said 
article 37 by any producer of or dealer in an identical or sim- 
ilar product who resides in the place of its origin, or by the 
owner of the falsely indicated establishment. (Law, art. 17.) 

Art. XLIII. The tribunal for these actions is that of the 
domicile of the defendant, or of the place in which were found 
the goods or products distinguished by the mark subject to the 
penalty established in the preceding articles. 

The indictment and judgment shall be regulated by law No. 



Brazil 167 

562, of July, 1850, and decree No. 707, of October 9 of the 
same year. (Law, art. 24.) 

Chapter VI. 
General provisions. 

Art. XLIV. The fees now collected in the commercial juntas 
and inspectorias of the Empire will continue to be levied and 
applied in the same way, except in Rio de Janeiro, those for 
the title of books, which are raised to 50 reis. 

Art. XLV. There is also raised to 6 milreis the seal estab- 
lished for the registration of industrial and trade marks in No. 
20, paragraph 5, of list B annexed to decree No. 8946 of May 
19, 1883. 

Art. XLVI. Contrary provisions are revoked. 

Palace of Rio de Janeiro, December 31, 1887. 

INTERNATIONAL UNION^RATIFICATION OF ADDI- 
TIONAL ACT OF BRUSSELS. 

By decree No. 984, dated January 9, 1903, the Brazilian 
Government has approved and ratified both the additional act 
of Brussels of the 14th December, 1900, and the additional act, 
also signed at Brussels on the 14th December, 1900, modifying 
the arrangement of Madrid of the 14th April, 1891, concerning 
the international registration of trade marks. Persons entitled 
to the benefits of the convention will hereafter enjoy a priority 
of twelve months from the date of the first foreign application 
for filing an application for patent in Brazil, and a priority 
of four months for filing application for the registration of 
trade marks. 



168 Canada ■ 

CANADA. 

THE PATENT ACT WITH AMENDMENTS. 

[1903,] 

An Act respecting Patents of invention, amended up to 
chap. 25, 60-61 Victoria, 1897. 

HER Majesty, by and with the advice and consent of the 
Senate and House of Commons of Canada, enacts as 
follows : 

SHORT TITLE. 

1. This Act may be cited as ''The Patent Act.'' 35 V., c. 
26, s. 53. 

INTERPRETATION. 

2. In this Act, unless the context otherwise requires, — 
(a.) The expression "the Minister" means the Minister of 

Agriculture ; 

(&.) The expression "Commissioner" means the Commis- 
sioner of Patents, and the expression "Deputy Commissioner" 
means the Deputy Commissioner of Patents; 

(c.) The expression "invention" means any new and use- 
ful art, machine, manufacture, or composition of matter, or 
any new and useful improvement in any art, machine, manu- 
facture, or composition of matter; 

(d.) The expression "legal representatives" includes heirs, 
executors, administrators and assigns, or other legal repre- 
sentatives. 

PATENT OFFICE AND APPOINTMENT OF OFFICERS. 

3. There shall be attached to the Department of Agricult- 
ure, as a branch thereof, an office which will be called the Pat- 
ent Office; and the Minister of Agriculture for the time being 
shall be the Commissioner of Patents. 35 Y., c. 26, s. 1, 
part. 

4. The commissioner shall receive all applications, fees. 



Canada 169 

papers, documents and models for patents, and shall perform 
and do all acts and things requisite for the granting and 
issuing of patents of invention; and he shall have the charge 
and custody of the books, records, papers, models, machines 
and other things belonging to the Patent Office. 35 Y., c. 
26, s. 1, part 

5. The Deputy of the Minister of Agriculture shall be the 
deputy commissioner of Patents, and the Governor in Council 
may, from time to time, appoint such officers and clerks under 
the Deputy Commissioner as are necessary for the purposes of 
this Act, and such officers and clerks shall hold office during 
pleasure. 60-61 V., c. 25, s. 1. 

6. The Commissioner shall cause a seal to be made for the 
purposes of this Act, and may cause to be sealed therewith 
every patent and other instrument and copy thereof issuing 
from the Patent Office. 35 V., c. 26, s. 2, part. 

APPLICATION FOR PATENTS. 

7. Any person who has invented any new and useful art, 
machine, manufacture or composition of matter, or any new and 
useful improvement in any art, machine, manufacture or com- 
position of matter, which was not known or used by any other 
person before his invention thereof, and which has not been in 
public use or on sale with the consent or allowance of the in- 
ventor thereof, for more than one year previously to his appli- 
cation for patent therefor in Canada, may, on a petition to that 
effect, presented to the commissioner, and on compliance with 
the other requirements of this Act, obtain a patent granting to 
such person an exclusive property in such invention; 

2. No patent shall issue for an invention which has an illicit 
object in view, or for any mere scientific principle or abstract 
therefrom. 35 Y., c. 26, s. 6, part. 

8. Any inventor who elects to obtain a patent for his in- 
vention in a foreign country before obtaining a patent for the 
same invention in Canada, may obtain a patent in Canada, if 
the same be applied for within one year from the date of the 
issue of the first foreign patent for such invention; and, if 
within three months after the date of the issue of a foreign 
patent, the inventor gives notice to the commissioner of his 
intention to apply for a patent in Canada for such invention. 



170 Canada 

then no other person having commenced to manufacture the 
same device in Canada during such period of one year, shall 
be entitled to continue the manufacture of the same after the 
inventor has obtained a patent therefor in Canada, without 
the consent or allowance of the inventor; and, under any cir- 
cumstances, if a foreign patent exists, the Canadian patent 
shall expire at the earliest date on which any foreign patent for 
the same invention expires. 55-56 Y., c. 24, s. 1. 

9. Any person who has invented any improvement on any 
patented invention, may obtain a patent for such improve- 
ment; but he shall not thereby obtain the right of vending 
or using the original invention, nor shall the patent for the 
original invention confer the right of vending or using the pat- 
ented improvement. 35 V., c. 26, s. 9. 

10. Every inventor shall, before a patent can be obtained, 
make oath, or when entitled by law to make an affirmation 
instead of an oath, shall make an affirmation, that he verily 
believes that he is the inventor of the invention for which the 
patent is asked, and that the several allegations in the petition 
contained are respectively true and correct. 

2. In the event of the inventor being dead, such oath or 
affirmation shall be made by the applicant, and shall state 
that he verily believes that the person whose assignee or legal 
representative he is, was the inventor of the invention for which 
the patent is solicited, and that the several allegations in the 
petition contained are respectively true and correct. 

3. Such oath or affirmation may be made before a minister 
plenipotentiary, charge d'affaires, consul, vice-consul or con- 
sular agent, a judge of any court, a notary public, a justice 
of the peace, or the mayor of any city, borough or town, or a 
commissioner for taking affidavits, having authority or juris- 
diction within the place where the oath may be administered. 
55-56 Y., c. 24, s. 2. 

11. The applicant for a patent shall, for the purposes of 
this Act, elect his domicile at some known and specified place 
in Canada, and shall mention the same in his petition for a 
patent. 35 Y., c. 26, s. 12. 

12. The applicant shall, in his petition for a patent, insert 
the title or name of the invention, and shall, with the petition, 
send in a specification in duplicate of the invention, and an 



Canada ITl 

additional or third copy of the claim or claims. 56 V., c. 34, 
s. 1. 

13. The specification shall correctly and fully describe 
the mode or modes of operating the invention, as contemplated 
by the inventor; and shall state clearly and distinctly the con- 
trivances and things which he claims as new and for the use 
of which he claims an exclusive property and privilege. 

2. Such specification shall bear the name of the place where, 
and the date when it is made, and shall be signed by the in- 
ventor, if he is alive, and if not, by the applicant, and by two 
witnesses to such signature of the inventor or applicant. 

3. In the case of a machine, the specification shall fully 
explain the principle and the several modes in which it is in- 
tended to apply and work out the same. 

4. In the case of a machine, or in any other case in which 
the invention admits of illustration by means of drawings, the 
applicant shall also, with his application, send in drawings in 
duplicate, showing clearly all parts of the invention, and each 
drawing shall bear the signature of the inventor, if he is alive, 
and if not, of the applicant, or of the attorney of such inventor 
or applicant, and shall have written references corresponding 
with the specification; but the commissioner may require fur- 
ther drawings or dispense with any of them, as he sees fit. 

5. One duplicate of the specification and of the drawings, 
if there are drawings, shall be annexed to the patent, of which 
it shall form an essential part, and the other duplicate shall 
remain deposited in the Patent Office. 

6. The commissioner may, in his discretion, dispense with 
the duplicate specification and drawing, and in lieu thereof 
cause copies of the specification and drawing, in print or other- 
wise, to be attached to the patent, of which they shall form an 
essential part. 35 V., c. 26, s. 14; 36 Y., c. 44, s. 4. 

14. In all cases in which the invention admits of repre- 
sentation by model, the applicant, if required by the com- 
missioner, shall furnish a model of convenient size, exhibiting 
its several parts in due proportion; and when the invention is 
a composition of matter, the applicant, if required by the com- 
missioner, shall furnish specimens of the ingredients, and of 
the composition, sufficient in quantity for the purpose of ex- 
periment. If such ingredients or composition be of an ex- 



172 Canada 

plosive or dangerous character, they shall be furnished with 
such precautions as are prescribed in the requisition therefor. 
55-56 v., c. 24, s. 3. 

15. No application for a patent shall be withdrawn without 
the consent in writing of each and every registered assignee 
of such patent or any part thereof. 55-56 V., c. 24, s. 4. 

REFUSAL TO GRANT PATENTS. 

16. The commissioner may object to grant a patent in any 
of the following cases: 

(a.) When he is of opinion that the alleged invention is not 
patentable in law; 

(&.) When it appears to him that the invention is already 
in the possession of the public, with the consent or allowance 
of the inventor; 

(c.) When it appears to him that there is no novelty in the 
invention ; 

(d.) When it appears to him that the invention has been 
described in a book, or other printed publication, before the 
date of the application, or is otherwise in the possession of 
the public. 

(e.) When it appears to him that the invention has already 
been patented in Canada, or elsewhere, if the case is one within 
the eighth section of this Act, unless the commissioner has 
doubts as to whether the patentee or the applicant is the first 
inventor. 35 Y., c. 26, s. 40. 

17. Whenever the commissioner objects to grant a patent 
as aforesaid, he shall notify the applicant to that effect and 
shall state the ground or reason therefor, with sufficient detail 
to enable the applicant to answer, if he can, the objection of 
the commissioner. 35 Vic, c. 26, s. 41. 

18. Every applicant who has failed to obtain a patent by 
reason of the objection of the commissioner, as aforesaid, may, 
at any time within six months after notice thereof has been 
addressed to him, or his agent, appeal from the decision of the 
commissioner to the Governor in Council. 35 Y., c. 26, s. 42. 

CONFLICTING APPLICATIONS. 

19. In case of conflicting applications for any patent, the 



Canada 173 

same shall be submitted to the arbitration of three skilled 
persons, two of whom shall be chosen by the applicants, one 
by each, and the third of whom shall be chosen by the com- 
missioner, or by the deputy commissioner, or by the person ap- 
pointed to perform the duty of that officer ; and the decision or 
award of such arbitrators, or of any tw^o of them, delivered to 
the commissioner in writing, and subscribed by them, or any 
two of them, shall be final, as far as concerns the granting of 
the patent. 

2. If either of the applicants refuses, or fails to choose, an 
arbitrator, when required so to do by the commissioner, and if 
there are only two such applicants, the patent shall issue to 
the opposing applicant. 

3. If there are more than two conflicting applications, and 
if the persons applying do not all unite in appointing three 
arbitrators, the commissioner, or the deputy commissioner, or 
person appointed to perform the duty of that officer, may ap- 
point the three arbitrators for the purposes aforesaid. 

4. The arbitrators so named shall subscribe and take, before 
a judge of any court of record in Canada, an oath in the form 
following, that is to say: 

"I, the undersigned (A B.), being duly appointed an 
arbitrator under the authority of The Patent Act, do hereby 
solemnly swear {or affirm, as the case may he), that I will well 
and truly perform the duty of such arbitrator on the conflict- 
ing applications of (C. D. and E. F.) submitted to me." 

5. The arbitrators, or any one of them, when so sworn, may 
summon before them any applicant or other person, and may 
require him to give evidence on oath, orally, or in writing {or 
on solemn affirmation, if such applicant or person is entitled to 
affirm in civil cases), and to produce such documents and things 
as such arbitrators deem requisite to the full investigation of the 
matters into Avhich they are appointed to examine, and they 
shall have the same power to enforce the attendance of such 
applicants and other persons, and to compel them to give evi- 
dence, as is vested in any court of justice in civil cases, in the 
province in Avhich the arbitration is held; but no. such applicant 
or person shall be compelled to answer any question, by his an- 
swer to which he might render himself liable to a criminal pro- 
secution. 



174 Canada 

6. The fees for the services of such arbitrators shall be a 
matter of agreement between the arbitrators and the appli- 
cants, and shall be paid by the applicants who name them, 
respectively, except those of the arbitrator, or arbitrators, 
named by the commissioner, which shall be paid by the appli- 
cants jointly. 35 V., c. 26, s. 43, part. 

GRANT AND DURATION OF PATENTS. 

20. Every patent granted under this Act shall contain the 
title or name of the invention, with a reference to the specifica- 
tion, and shall grant to the patentee and his legal representa- 
tives, for the term therein mentioned, from the granting of 
the same, the exclusive right, privilege and liberty of making, 
constructing and using, and vending to others to be used, the 
said invention, subject to adjudication in respect thereof before 
any court of competent jurisdiction. 

2. In cases of joint applications the patents shall be granted 
in the names of all the applicants. 35 Y., c. 26, s. 10, part, and 
s. 16;— 36 v., c. 44, s. 5. 

21. Every patent shall be issued under the seal of the Patent 
Office, and the signature of the commissioner or of the deputy 
commissioner, and when dulj^ registered shall be good, and shall 
avail the grantee and his legal representatives for the term 
mentioned in the patent. 56 V., c. 34, s. 2. 

2. The commissioner may require that any patent, before 
it is signed by the commissioner, or by any other member of 
the Queen's Privy Council for Canada, acting for him, and 
before the seal hereinbefore mentioned is affixed to it, shall 
be examined by the Minister of Justice; and if such exam- 
ination is so required, the Minister of Justice shall, according- 
ly, examine it, and if he finds it conformable to law, he shall 
certify accordingly, and such patent may then be signed, and 
the seal affixed thereto. • 35 V., c. 26, s. 6, part, and s. 18. 

22. The term limited for the duration of every patent of 
invention issued by the Patent Office shall be eighteen years ; 
but at the time of the application therefor it shall be at the 
option of the applicant to pay the full fee required for the 
term of eighteen years, or the partial fee required for the 
term of six years, or the partial fee required for the term of 
twelve years. 55-56 V., c. 24, s. 5. 



Canada 175 

2. If a partial fee only is paid, the proportion of the fee 
paid shall be stated in the patent, and the patent shall, not- 
withstanding" anything therein or in this Act contained, cease 
at the end of the term for which the partial fee has been paid, 
unless before the expiration of the said term the holder of the 
patent pays the fee required for the further term of six or twelve 
years, and obtains from the Patent Office a certificate of such 
payment in the form which is, from time to time, adopted, which 
certificate shall be attached to and refer to the patent, and shall 
be under the signature of the commissioner or of the deputy 
commissioner. 56 Y., c. 34, s. 3. 

3. If such second payment, together with the first pay- 
ment, makes up only the fee required for twelve years, then the 
patent shall, notwithstanding anything therein or in this Act 
contained, cease at the end of the term of twelve years, unless 
at or before the expiration of such term the holder thereof pays 
the further fee required for the remaining six years, making 
up the full term of eighteen years, and obtains a like certificate 
in respect thereof. 55-56 Y., c. 24, s. 5. 

RE-ISSUE OF PATENTS. 

23. Whenever any patent is deemed defective or inopera- 
tive by reason of insufficient description or specification, or by 
reason of the patentee claiming more than he had a right to 
claim as new, but at the same time it appears that the error 
arose from inadvertence, accident, or mistake, without any 
fraudulent or deceptive intention, the commissioner may, upon 
the surrender of such patent and the payment of the further fee 
hereinafter provided, cause a new patent, in accordance with- 
an amended description and specification made by such pat- 
entee, to be issued to him for the same invention for any part 
or for the whole of the then unexpired residue of the term for 
which the original patent was, or might have been granted. 

2. In the event of the death of the original patentee or 
of his having assigned the patent, a like right shall vest in 
his assignee or his legal representatives. 

3. Such new patent, and the amended description and 
specification, shall have the same effect in law, on the trial of 

N. B. — Section 22 and its subsections apply only to patents granted after 9th 
July, 1892. 



176 Canada 

any action thereafter commenced for any cause subsequently 
accruing, as if the same had been originally filed in such cor- 
rected form before the issue of the original patent. 

4. The commissioner may entertain separate applications, 
and cause patents to be issued for distinct and separate parts 
of the invention patented, upon payment of the fee for a 
re-issue for each of such re-issued patents. 35 V., c. 26, s. 
19;-38 v., c. 14, s. 1. 

DISCLAIMERS. 

24. "Whenever, by any mistake, accident or inadvertence, 
and without any wilful intent to defraud or mislead the pub- 
lic, a patentee has made his specification too broad, claiming 
more than that of which he or the person through whom he 
claims was the first inventor,— or has, in the specification, 
claimed that he or the person through Avhom he claims was 
the first inventor of any material or substantial part of the 
invention patented, of which he was not the first inventor, and 
to which he had no lawful right— the patentee may, on pay- 
ment of the fee hereinafter provided, make disclaimer of such 
parts as he does not claim to hold by virtue of the patent or 
the assignment thereof. 

2. Such disclaimer shall be in writing, and in duplicate, 
and shall be attested in the manner hereinbefore prescribed 
in respect of an application for a patent; one copy thereof 
shall be filed and recorded in the office of the commissioner, 
and the other copy thereof shall be attached to the patent 
and made a part thereof by reference, and such disclaimer 
shall thereafter be taken and considered as part of the orig- 
inal specification. 

3. Such disclaimer shall not affect any action pending at 
the time of its being made, except in so far as relates to the 
question of unreasonable neglect or delay in making it. 

4. In case of the death of the original patentee, or of his 
having assigned the patent, a like right shall vest in his legal 
representatives, any of whom may make disclaimer. 

5. The patent shall thereafter be deemed good and valid 
for so much of the invention as is truly the invention of 
the disclaimant, and is not disclaimed, if it is a material and 
substantial part of the invention, and is definitely distinguished 



Canada 177 

from other parts claimed without right; and the disclaimant 
shall be entitled to maintain an action or suit in respect of 
such part accordingly. 35 V., c. 26, s. 20. 

ASSIGNMENTS 

25. The patent may be granted to any person to whom 
the inventor, entitled under this Act to obtain a patent, has 
assigned or bequeathed the right of obtaining the same, or 
in default of such assignment or bequest, to the legal repre- 
sentatives of the deceased inventor. 35 V., c. 26, s. 8 ;— 36 
v., c. 44, s. 2. 

26. Every patent issued for an invention shall be assign- 
able in law, either as to the whole interest or as to any part 
thereof, by any instrument in Avriting; but such assignment, 
and every grant and conveyance of any exclusive right to 
make and use and to grant to others the right to make and 
use the invention patented, within and throughout Canada 
or any part thereof, shall be registered in the Patent Office 
in the manner, from time to time, prescribed by the com- 
missioner for such registration; and every assignment affect- 
ing a patent for invention shall be null and void against any 
subsequent assignee, unless such instrument is registered as 
hereinbefore prescribed, before the registration of the instru- 
ment under which such subsequent assignee claims. 35 Y., 
c. 26, s. 22. 

27. In cases of joint applications or grants, every assign- 
ment from one or more of the applicants or patentees to the 
other or others, or to any other person, shall be registered in 
like manner as other assignments. 35 Y., c. 26, s. 10, part. 

IMPEACHMENT AND OTHER LEGAL PROCEEDINGS IN RESPECT OF 

PATENTS. 

28. A patent shall be void, if any material allegation in 
the petition or declaration of the applicant hereinbefore men- 
tioned in respect of such patent is untrue, or if the specifica- 
tions and drawings contain more or less than is necessary for 
obtaining the end for which they purport to be made, when 
such omission or addition is wilfully made for the purpose of 
misleading; but if it appears to the court that such omission 



178 Canada 

or addition was an involuntary error, and if it is proved that 
the patentee is entitled to the remainder of his patent pro 
tanto, the court shall render a judgment in accordance with 
the facts, and shall determine as to costs, and the patent shall 
be held valid for such part of the invention described, as the 
patentee is so found entitled to; and two office copies of sach 
judgment shall be furnished to the Patent Office by the pat- 
entee, one of which shall be registered and remain of record 
in the office, and the other of which shall be attached to the 
patent, and made a part of it by a reference thereto. 35 V., 
c. 26, s. 27. 

29. Every person who, without the consent in writing of 
the patentee, makes, constructs or puts in practice any in- 
vention for which a patent has been obtained under this Act, 
or any previous Act, or who procures such invention from any 
person not authorized by the patentee or his legal representa- 
tives to make use of it, and who uses it, shall be liable to the 
patentee, or his legal representatives, in an action of damages 
for so doing; and the judgment shall be enforced, and the 
damages and costs that are adjudged shall be recoverable, in 
like manner, as in other cases in the court in which the action 
is brought. 35 V., c. 26, s. 23. 

3(X Any action for the infringement of a patent may be 
brought in any court of record having jurisdiction, to the 
amount of the damages claimed, in the province in which the, 
infringement is alleged to have taken place, and which is 
also that one of the said courts which holds its sittings nearest 
to the place of residence or of business of the defendant; and 
such court shall decide the case and determine as to costs. 35 
v., c. 26, s. 24, part. 

. 31, In any action for the infringement of a patent, the 
court if sitting, or any judge thereof if the court is not sit- 
ting, may, on the application of the plaintiff or defendant 
respectively, make such order for an injunction, restraining 
the opposite party from further use, manufacture or sale of 
the subject matter of the patent, and for his punishment in 
the event of disobedience of such order, or for inspection or 
account, and respecting the same and the proceedings in the 
action, as the court or judge sees fit; but from such order, an 
appeal shall lie under the same circumstances, and to the same 



Canada . 179 

court, as from other judgments or orders of the court in which 
the order is made. 35 V., c. 26, s. 24, part. 

32. Whenever the plaintiff, in any such action, fails to 
sustain his action, because his specification and claim cm- 
brace more than that of which he was the first inventor, and 
it appears that the defendant used or infringed any part of 
the invention justly or truly specified and claimed as new, 
the court may discriminate, and the judgment may be rendered 
accordingly. 35 V., c. 26, s. 25. 

33. The defendant, in any such action, may plead speci- 
ally as a matter of defense, any fact or default which, by this 
act, or by law, renders the patent void; and the court shall 
take cognizance of that special pleading, and of the facts 
connected therewith, and shall decide .the case accordingly. 
35 v., c. 26, s. 26. 

34. Any person who desires to impeach any patent issued 
under this Act, may obtain a sealed and certified copy of the 
patent and of the petition, affidavit, specification and drawings 
thereunto relating, and may have the same filed in the office of 
the prothonotary or clerk of the Superior Court for Lower 
Canada in Quebec, or of any of the divisions of the High 
Court of Justice for Ontario, or of the Supreme Court in 
Nova Scotia, or of the Supreme Court in New Brunswick, or 
of the Supreme Court of Judicature in Prince Edward Island, 
or of the Supreme Court in British Columbia, or of the Court 
of Queen's Bench in Manitoba, or of the Supreme Court in 
the North-west Territories, according to the domicile elected 
by the patentee, as aforesaid, or in the office of the registrar 
of the Exchequer Court of Canada,— which courts, respective- 
ly, shall adjudicate on the matter and decide as to costs; and 
if the domicile elected by the patentee is in the district of 
Keewatin, the Court of Queen's Bench of Manitoba shall have 
jurisdiction until there is a superior court in such district, 
after which such Superior Court shall have jurisdiction. 53 
v., c. 13, s. 1. 

2. The patent and documents aforesaid shall then be held 
as of record in such courts respectively, so that a writ of scire 
facias, under the seal of the court, grounded upon such record, 
may issue for the repeal of the patent, for cause as aforesaid, 
if, upon proceedings had upon the writ in accordance with 



180 Canada 

the meaning of this Act, the patent is adjudged to be void. 
35 v., c. 26, s. 29.:-37 V., c. 44, s. l;-38 Y., c. 14, s. 8;-49 
v., c. 25, s. 14. 

35. A certificate of the judgment avoiding any patent 
shall, at the request of any person filing it to make it of record 
in the Patent Office, be entered on the margin of the enroll- 
ment of the patent in the Patent Office, and the patent shall 
thereupon be, and be held to have been, void and of no effect, 
unless the judgment is reversed on appeal as hereinafter pro- 
vided. 35 v., c. 26, s. 30. 

36. The judgment declaring or refusing to declare any 
patent void shall be subject to appeal to any court having 
appellate jurisdiction in other cases decided by the court by 
which the judgment declaring or refusing to declare such 
patent void, was rendered. 35 V., c. 26, s. 31. 

FORFEITURE OF PATENTS. 

37. Every patent granted under this Act shall be subject, 
and be expressed to be subject, to the following conditions: 

(a.) That such patent and all the rights and privileges 
thereby granted shall cease and determine, and that the pat- 
ent shall be null and void at the end of two years from the 
date thereof, unless the patentee or his legal representatives, 
or his assignee, within that period or any authorized extension 
thereof, commence, and after such commencement, continuous- 
ly carry on in Canada, the construction or manufacture of 
the invention patented, in such a manner that any person 
desiring to use it may obtain it, or cause it to be made for him 
at a reasonable price, at some manufactory or establishment 
for making or constructing it in Canada ; 

(&.) That if, after the expiration of twelve months from 
the granting of a patent, or any authorized extension of such 
period, the patentee or patentees, or any of them, or his or 
their representatives, or his or their assignee, for the whole 
or a part of his or their interest in the patent, imports, or 
causes to be imported into Canada, the invention for which 
the patent is granted, such patent shall be void as to the in- 
terest of the person or persons importing or causing to be 
imported as aforesaid; 

2. (a.) Any question which arises as to whether a pat- 



Canada 181 

ent, or any interest therein, has or has not become void under 
the provisions of this section, may be adjudicated upon by the 
Exchequer Court of Canada, which court shall have juris- 
diction to decide any such question upon information in the 
name of the Attorney General of Canada, or at the suit of any 
person interested: 

3. (h.) This section shall not be held to take away or 
affect the jurisdiction which any court other than the Ex- 
chequer Court of Canada possesses. 55-56 V., c. 24, s. 6. 

2. Whenever a patentee has been unable to carry on the 
construction or manufacture of his invention within the two 
years hereinbefore mentioned, the commissioner may, at any 
time not more than three months before the expiration of 
that term, grant to the patentee an extension of the term of 
two years on his proving to the satisfaction of the commis- 
sioner that he was, for reasons beyond his control, prevented 
from complying with the above condition: 

3. The commissioner may grant to the patentee, or to his 
legal representatives or assignee for the whole or any part 
of the patent, an extension for a further term not exceeding 
one year, beyond the twelve months limited by this section, 
during which he may import or cause to be imported into 
Canada the invention for Avhich the patent is granted, if the 
patentee or his legal representatives, or assignee for the 
whole or any part of the patent, show cause, satisfactory to 
the commissioner, to warrant the granting of such extension; 
but no extension shall be granted unless application is made 
to the commissioner at some time within three months before 
the expiry of the twelve months aforesaid, or any extension 
thereof. 35 Y., c. 26, s. 28;-38 V., c. 14, s. 2;-45 V., c. 22, 
s. 1 

CAVEATS. 

38. Any intending applicant for a patent who has not yet 
perfected his invention and is in fear of being despoiled of 
his idea, may file, in the Patent Office, a description of his 
invention so far, with or without plans, at his own will; and 
the commissioner, on payment of the fee in this Act prescribed, 
shall cause the said document, which shall be called a Caveat, 
to be preserved in secrecy, with the exception of delivering 



182 Canada 

copies of the same whenever required by the said applicant 
or by any judicial tribunal, but the secrecy of the document 
shall cease when the applicant obtains a patent for his in- 
vention : 

2. If application is made by any other person for a patent 
for any invention with which such caveat may, in any respect, 
interfere, the commissioner shall forthwith give notice, by 
mail, of such application, to the person who has filed such 
caveat, and such person shall, within three months after the 
date of mailing the notice, if he wishes to avail himself of the 
caveat, file his petition and take the other steps necessary on 
an application for a patent, and if, in the opinion of the com- 
missioner, the applications are conflicting, like proceedings 
may be had in all respects as are by this Act provided in the 
case of conflicting applications: 

3. Unless the person filing a Caveat makes application 
v/ithin one year from the filing thereof for a patent, the com- 
missioner shall be relieved from the obligation of giving 
notice, and the caveat shall then remain as a simple matter 
of proof as to novelty or priority of invention, if required. 
35 v., c. 26, s. 39. 

PATENT FEES. 

39. The following fees shall be payable before an applica- 
tion for any of the purposes herein mentioned shall be re- 
ceived by the Commissioner, that is to say,— 

Full fee for 18 years 60 00 

Partial fee for 12 years 40 00 

Partial fee for 6 years 20 00 

Fee for further term of 12 years. ..... 40 00 

Fee for further term of 6 years 20 00 

On lodging a Caveat 5 00 

On asking to register a judgment pro 

tanto 4 00 

On asking to register an assignment, or 
any other document affecting or 
relating to a patent, and for each 
and every patent mentioned in the 
notice given under section eight of 
this Act. 56 v., c. 34, s. 4 2 00 



Caxada 183 

On asking to attach a disclaimer to a 

patent 2 00 

On asking for a copy of patent with 

specification 4 00 

On petition to re-issue a patent after 
surrender, and on petition to ex- 
tend a former patent to the whole 
of Canada for every unexpired year 
of the duration of the provincial 
or sub-patent, the fee shall be at 

the rate of 4 00 

On office copies of documents, not above mentioned, the fol- 
lowing charges shall be made : 

For every single or first folio of certi- 
fied copy 25 

For every subsequent hundred words 
(fractions from and under fifty not 
being counted, and over fifty being 
counted for one hundred.) 55-56 
v., c. 24, s. 7 10 

40. For every copy of drawings, the person applying shall 
pay such sum as the commissioner considers a fair remunera- 
tion for the time and labor expended thereon by any officer of 
the Patent Office or the department or person employed to 
perform such service. 35 Y., c. 26, s. 35. 

41. The said fees shall be in full of all services performed 
under this Act, in any such case, by the commissioner or any 
person employed in the Patent Office. 35 V., c. 26, s. 36. 

42. All fees received under this Act shall be paid over to 
the Minister of Finance and Receiver General, and shall form 
part of the Consolidated Revenue Fund of Canada, except 
such sums as are paid for copies of drawings when made by 
persons not receiving salaries in the Patent Office. 35 Y., c. 
26, s. 37. 

43. Xo person shall be exempt from the payment of any 
fee or charge payable in respect of any services performed 
for such person under this Act; and no fee, when paid, shall 
be returned to the person who paid it, except,— 

(a) YThen the invention is not susceptible of being pat- 
ented; or— 



184 Canada 

(&) When the petition for a patent is withdrawn: 
And in every such case the commissioner may return the fee 
paid less the sum of ten dollars. 35 V., c. 38. 

GENERAL PROVISIONS. 

44. The Government of Canada may, at any time, use any 
patented invention, paying to the patentees such sum as the 
commissioner reports to be a reasonable compensation for the 
use thereof. 35 V., c. 26, s. 21. 

45. No patent shall extend to prevent the use of any in- 
vention in any foreign ship or vessel, if such invention is not 
so used for the manufacture of any goods to be vended within 
or exported from Canada. 35 V., c. 26, s. 47. 

46. Every person who, before the issuing of a patent, has 
purchased, constructed, or acquired any invention for which 
a patent is afterwards obtained under this Act, shall have the 
right of using and vending to others the specific article, ma- 
chine, manufacture, or composition of matter patented and so 
purchased, constructed or acquired before the issue of the pat- 
ent therefor, without being liable to the patentee or his legal 
representatives for so doing; but the patent shall not, as re- 
gards other persons, be held invalid by reason of such pur- 
chase, construction, or acquisition or use of the invention, by 
the person first aforesaid, or by those to whom he has sold the 
same, unless the same was purchased, constructed, acquired or 
used, with the consent or allowance of the inventor thereof, 
for a longer period than one year before the application there- 
of for a patent thereof— making the invention one which has 
become public and in public use. 35 V., c. 20, s. 48. 

47. All specifixcations, drawings, models, disclaimers, judg- 
ments and other papers, except Caveats, shall be open to the 
inspection of the public at the Patent Office, under such regu- 
lations as are adopted in that behalf. 35 V., c. 26, s. 44. 

48. Clerical errors which occur in the framing or copying 
of any instrument in the Patent Office shall not be construed 
as invalidating the same, but when discovered they may be cor- 
rected under the authority of the commissioner. 35 V., c. 26, 
s. 45. 

49. If any patent is destroyed or lost, a certified copy there- 
of may be issued in lieu thereof, upon the person who applies 



Canada 185 

therefor paying the fees hereinbefore prescribed for office copies 
of documents. 25 V., c. 26, s. 46;— 53 V., c. 13, s. 4. 

50. Every court, judge and person whomsoever shall take 
notice of the seal of the Patent Office and shall receive the im- 
pressions thereof in evidence, in like manner as the impressions 
of the Great Seal are received in evidence, and shall also take 
notice of and receive in evidence, without further proof and 
without production of the originals, all copies or extracts cer- 
tified under the seal of the Patent Office to be copies of or 
extracts from documents deposited in such office. 35 V., c. 26, 
s. 2, part. 

51. No officer or employee of the Patent Office shall buy, 
sell or acquire or traffic in any invention or patent, or in any 
right to a patent; and every such purchase and sale, and every 
assignment or transfer thereof by or to any officer or employee, 
as aforesaid, shall be null and void, but this provision shall not 
apply to any original inventor or to any acquisition by bequest 
35 v., c. 26, s. 4, part. 

52. The commissioner may, from time to time, subject to 
the approval of the Governor in Council, make such rules and 
regulations, and prescribe such forms, as appear to him nec- 
essary and expedient for the purposes of this Act,— and notice 
thereof shall be given in the Canada Gazette; and all docu- 
ments, executed in conformity with the same and accepted by 
the commissioner, shall be held valid, so far as relates to pro- 
ceedings in the Patent Office. 35 Y., c. 26, s. 3. 

53. The commissioner shall cause a report to be prepared 
annually and laid before Parliament of the proceedings under 
the Act, and shall, from time to time, and at least once in 
each year, publish a list of all patents granted, and may, with 
the approval of the Governor in Council, cause such specifica- 
tions and drawings as are deemed of interest or essential parts 
thereof, to be printed, from time to time, for distribution or 
sale. 35 V., c. 26, s. 5 : 36 V., c. 44, s, 1. 

OFFENCES AND PENALTIES. 

54. Every patentee under this Act shall stamp or engrave 
on each patented article sold or offered for sale by him the 
year of the date of the patent applying to such article, thus: 
''Patented, 1898," or as the case may be; or when, from the 



1S6 Caitada 

nature of the article, this cannot be done, then by affixing to it, 
or to every package wherein one or more of such articles is or 
are inclosed, a label marked with a like notice; and any such 
patentee selling or offering for sale any such patented article 
not so marked, or not inclosed in a package so marked, shall be 
liable to a penalty not exceeding one hundred dollars, and in 
default of the payment of such penalty, to imprisonment for a 
term not exceeding two months. 38 Y., c. 14, s. 3. 

55. Every person who writes, paints, prints, moulds, casts, 
carves, engraves, stamps or otherwise marks upon anything 
made or sold by him, and for the sole making or selling of 
which he is not the patentee, the name or any imitation of the 
name of any patentee for the sole making or selling of such 
thing, without the consent of such patentee,— or who, without 
the consent of the patentee, writes, paints, prints, moulds, 
casts, carves, engraves, stamps or otherwise marks upon any- 
thing not purchased from the patentee, the words, "patent," 
"letters patent," "Queen's patent," "patented," or any word 
or words of like import, with the intent of counterfeiting or 
imitating the stamp, mark or device of the patentee, or of de- 
ceiving the public and inducing them to believe that the thing 
in question was made or sold by or with the consent of the 
patentee or his legal representatives or who offers for sale 
as patented any article not patented in Canada, for the pur- 
pose of deceiving the public, is guilty of a misdemeanor, and 
liable to a fine not exceeding two hundred dollars, or to im- 
prisonment for a term not exceeding three months, or to both. 
35 v., c. 26, s. 50. 

56. Every person who wilfully makes or causes to be made 
any false entry in any register or book, or any false or altered 
copy of any document relating to the purposes of this Act, or 
who produces or tenders any such false or altered document in 
evidence, knoAving the same to be such, is guilty of a misde- 
meanor, and shall be liable to be punished by a fine and im- 
prisonment accordingly. 35 Y., c. 26, s. 51, 

PATENTS ISSUED UNDER FORMER ACTS. 

57. Every patent issued under any Act of the Parliament 
of Canada, or of the legislature of the late province of Canada, 
or of the legislature of any province now forming part of 



Canada 187 

Canada, shall remain in force for the same term and for the 
same extent of territory as if the Acts under which they were 
issued had not been repealed, but subject to the provisions of 
this Act in so far as the same are applicable to them: 

2. The commissioner may, upon the application of the pat- 
entee named in any such patent, who is the inventor of the 
subject matter of the patent, if the subject matter of the patent 
has not been known or used, and has not, with the consent of 
the patentee, been on sale in any of the other provinces of 
Canada, issue, on payment of the proper fees in that behalf, 
a patent under this Act, extending such provincial patent ovej:* 
the whole of Canada, for the remainder of the term mentioned 
in the provincial patent. 35 V., c. 26, s. 32 ; 38 V., c. 14, s. 6. 

58. Every patent heretofore issued by the Patent Office in 
respect of which the fee required for the whole or for any 
unexpired portion of the term of fifteen years, has been duly 
paid according to the provisions of the law under which such 
patent was issued in that behalf, has been and shall be deemed 
to have been issued for the term of fifteen years, subject, in case 
a partial fee only has been paid, to its ceasing on the same con- 
ditions on which patents hereafter issued are to cease under the 
operation of this Act. 46 V., c. 19, s. 1, part. 

59. Every patent issued prior to the eighth day of April, 
one thousand eight hundred and seventy-five, under the Acts 
respecting patents then in force in Canada, shall extend over 
the province of Prince Edward Island for the remainder of the 
term mentioned therein. 38 Y., c. 14, s. 4, part. 

On each application for a patent, a thorough and reliable 
examination shall be made by competent examiners to be em- 
ployed in the Patent Office for that purpose. 8 of Cap. 25, 
55-56 Vic, 1892. 

3 EDWARD YII. 

Chapter 46. 

An Act to amend the Patent Act. 

[Assented to 13th August, 1903.] 
His Majesty, by and with the advice and consent of the 
Senate and House of Commons of Canada, enacts as follows:— 



188 Canada 

1. The Deputy Commissioner of Patents may do any act or 
thing, whether judicial or ministerial, which the Commissioner 
of Patents is authorized or empowered to do by any provision 
of The Patent Act, (hereinafter referred to as the said Act), or 
by any Act in amendment thereof; and, in the absence of the 
Deputy Commissioner any person performing the duties of the 
Deputy Minister of Agriculture pursuant to section 14 of The 
Civil Service Act may, as Acting Deputy Commissioner, do 
any such act or thing.. 

2. The section substituted for section 8 of the said Act, by 
section 1 of chapter 24 of the statutes of 1892, is amended by 
striking out all the words after the word "inventor" in the 
thirteenth line thereof. 

2. Notwithstanding anything contained in the said section 
8, or in the said substituted section, no Canadian patent here- 
tofore issued, except as provided for in section 16 hereof, shall 
be deemed to have expired before the end of the term for which 
it was granted merely because of the expiry of a foreign patent 
for the same invention. 

3. Section 37 of the said Act, as heretofore amended, is 
repealed, and the provisions of sections 4, 5, 6, 7 and 8 of this 
Act are substituted therefor. 

4. Every patent granted under the said Act shall, unless 
otherwise ordered by the Commissioner as hereinafter pro- 
vided, be subject, and expressed to be subject, to the following 
conditions: — 

(a.) Such patent and all the rights and privileges thereby 
granted shall cease and determine, and the patent shall be 
null and void, at the end of two years from the date thereof, 
unless the patentee or his legal representatives, within that 
period or an authorized extension thereof, commence, and after 
such commencement continuously carry on in Canada, the con- 
struction or manufacture of the invention patented, in such 
a manner that any person desiring to use it may obtain it, or 
cause it to be made for him at a reasonable price, at some 
manufactory or establishment for making or constructing it 
in Canada; 

(&.) If, after the expiration of twelve months from the 
granting of a patent, or an authorized extension of such period, 
the patentee or patentees, or any of them, or his or their or 



Canada 189 

any of their representatives, for the whole or a part of his 
or their or any of their interest in the patent, imports or im- 
port or causes or cause to be imported into Canada, the inven- 
tion for which the patent is granted, such patent shall be void 
as to the interest of the person or persons so importing or 
causing to be imported. 

5. Whenever a patentee is unable to commence or carry on 
the construction or manufacture of his invention within the 
two years limited by paragraph (a) of section 4 of this Act, 
the Commissioner may, at any time not more than three months 
before the expiration of that term, grant to the patentee or his 
legal representatives an extension of the term of two years on 
his proving to the satisfaction of the Commissioner that his 
failure to commence or carry on such construction or manu- 
facture is due to reasons beyond his control. 

6. The Commissioner may grant to the patentee or his legal 
representatives, for the whole or any part of the patent, an 
extension for a further term not exceeding one year, beyond 
the twelve months limited by section 4 of this Act, during 
Avhich he may import or cause to be imported into Canada the 
invention for which the patent is granted, if he or they show 
cause, satisfactory to the Commissioner, to warrant the grant- 
ing of such extension; but no extension shall be granted un- 
less application is made to the Commissioner at some time 
within three months before the expiry of the twelve months 
aforesaid. 

7. On the application of the applicant for a patent, previous 
to the issue thereof, or on the application within six months 
after the issue of the patent of the patentee or his legal repre- 
sentatives, or on the application within six months hereafter 
of the owner of any patent heretofore issued and now in force 
or by this Act revived, the Commissioner, having regard to 
the nature of the invention, may order that such patent, instead 
of being subject to the condition set forth in paragraph (a) of 
section 4 of this Act, shall be subject to the following condi- 
tions, that is to say:— 

(a.) Any person, at any time while the patent continues in 
force, may apply to the Commissioner by petition for a license 
to make, construct, use and sell the patented invention, and 
the Commissioner shall, subject to general rules to be made 



190 Can^ada 

for carrying out this section, hear the person applying and the 
owner of the patent, and if he is satisfied that the reasonable 
requirements of the public in reference to the invention have 
not been satisfied by reason of the neglect or refusal of the 
patentee or his legal representatives to make, construct, use or 
sell the invention, or to grant licenses to others on reasonable 
terms to make, construct, use or sell the same, may make an 
order under his hand and the seal of the Patent Office requiring 
the owner of the patent to grant a license to the person apply- 
ing therefor, in such form, and upon such terms as to the 
duration of the license, the amount of the royalties, security 
for payment, and otherwise, as the Commissioner, having re- 
gard to the nature of the invention and the circumstances of 
the case, deems just; 

(5.) The Commissioner may, if he thinks fit, and shall on 
the request of either of the parties to the proceedings, call in 
the aid of an assessor, specially qualified, and hear the case 
wholly or partially with his assistance; 

(c.) The existence of one or more licenses shall not be a bar 
to an order by the Commissioner for, or to the granting of, a 
license on any application, under this section; and 

(d.) The patent and all rights and privileges thereby granted 
shall cease and determine, and the patent shall be null and 
void, if the Commissioner makes an order requiring the owner 
of the patent to grant any license, and the owner of the patent 
refuses or neglects to comply with such order within three 
calendar months next after a copy of it is addressed to him or 
to his duly authorized agent. 

8. Any question which arises as to whether a patent, or 
any interest therein, has or has not become void under the 
provisions of sections 4, 5, 6 and 7 of this Act, or any of them, 
may be adjudicated upon by the Exchequer Court of Canada, 
which court shall have jurisdiction to decide any such question 
upon information in the name of the Attorney General of Can- 
ada, or at the suit of any person interested; but this section 
shall not be held to take away or affect the jurisdiction which 
any court other than the Exchequer Court of Canada possesses. 

9. The validity of any extension heretofore granted or as- 
sumed to be granted under section 37 of the said Act, of the 
period of two years limited by that section, or by that section 



Canada 191 

as heretofore amended, for the commencement of the construc- 
tion or manufacture of a patented invention, or of the period 
of twelve months thereby limited for the importation of the 
patented invention, shall not be open to impeachment, nor shall 
the patent for any invention in respect of which any such ex- 
tension has been granted be deemed to have lapsed or expired, 
because— 

(a.) such extension Avas so granted or assumed to be granted 
by the Deputy Commissioner of Patents, or, as Acting Deputy- 
Commissioner of Patents, by a person performing the duties 
of Deputy Minister of Agriculture under the provisions of 
The Civil Service Act in that behalf, instead of by the Com- 
missioner of Patents; or because 

(&.) in the case of the invention to which such extension 
relates, there had been granted or assumed to be granted a 
previous extension or previous extensions of the period of two 
years or the period of twelve months, as the case may be, so 
limited. 

10. The validity of any patent heretofore granted shall not 
be impeached, nor shall such patent be deemed to have lapsed 
or expired, by reason of the failure of the patentee to construct 
or manufacture the patented invention, provided the patentee 
within the period of two years from the date of the patent 
allowed for such construction or manufacture, or with an au- 
thorized extension of that period, became, and at all times there- 
after continued to be, ready either to furnish the patented 
invention himself or to license the right of using it, on reason- 
able terms, to any person desiring to use it. 

2. In the case of any patent the validity of which is pro- 
tected from impeachment by subsection 1 of this section, or 
which by reason of the provisions of that subsection is to be 
deemed not to have lapsed or expired, it shall be incumbent 
upon the patentee, or his legal representatives either {a.J within 
six months from the date of the passing of this Act to com- 
mence, and after such commencement to continuously carry on 
in Canada, the construction or manufacture of the patented 
invention in such manner that any person desiring to use it 
may obtain it, or cause it to be made for Kim, at a reasonable 
price, at some manufactory or establishment for making or con- 
structing it in Canada, or (Z>.) within such six months to 



1^2 Canada 

apply for and thereupon obtain an order of the Commissioner 
under section 7 of this Act making the patent subject to the 
conditions set forth in that section; and upon his or their 
failure so to do, the patent and all the rights and privileges 
thereby granted shall cease and determine, and the patent shall 
be null and void. 

11. The section substituted for section 39 of the said Act 
by section 7 of chapter 24 of the statutes of 1892, is amended 
by striking out lines eighteen to twenty-three of the said sec- 
tion, both lines included, and substituting the following there- 
for: "On petition to reissue a patent after surrender, in addi- 
tion to the fees on the original patent which shall, notwith- 
standing such surrender, continue to be payable as aforesaid, 
for every unexpired year of the duration of the original patent 
the fee shall be $4.00." 

12. Section 47 of the said Act is amended by adding after 
the word ''caveats" in the second line thereof, the following 
words: "and except those filed in connection with applications 
for patents which are still pending." 

13. Notwithstanding anything in the said Act contained, in 
the case of any application to the Commissioner made within 
the time prescribed by the said Act or by this Act, and pend- 
ing on the ninth day of April, one thousand nine hundred and 
three, or of any such application thereafter made within such 
time, for an extension of time to construct or manufacture a 
patented invention or to import it into Canada, the Commis- 
sioner may, until the first day of January, one thousand nine 
hundred and four, grant such extension after the time so pre- 
scribed, and any extension so granted shall have the same 
effect as if granted within the time so prescribed; and no pat- 
ent, respecting which such application has been or is hereafter 
made according to the provisions of this section, shall be 
deemed at any time to have expired by reason of the failure 
of the patentee to construct or manufacture the patented inven- 
tion before said lastly mentioned date. 

14. In the case of any patent which has heretofore become 
void or the validity of which might heretofore have been im- 
peached, and which is revived or protected from impeachment 
by any provision of this Act, or which by reason of any such 
provision is to be deemed not to have elapsed or expired any 



Canada 193 

person who has, between the time when such patent Became 
void or when the ground for such impeachment arose, and the 
time of the passing of this Act, commenced to manufacture, 
use or sell in Canada the invention covered hy such patent, 
may continue to manufacture, use or sell it in as full and ample 
a measure as if this Act had not been passed; and in case any 
person has contracted with the owner of the patent for the 
right to manufacture, use or sell such invention in Canada, 
such contract shall be deemed to have remained in full force 
and effect notwithstanding that the patent has become void as 
aforesaid, unless such person who has so contracted with such 
owner can show that in the meantime, by reason pf or on the 
faith of such invalidity or lapsing he has materially altered his 
position with respect to such invention, and that the revival of 
such contract would cause him damage. 

15. Whereas the models and specimens of compositions of 
matter and of ingredients thereof, filed in connection with appli- 
cations for patents of invention are of no value after they 
have served their immediate purpose, and the cost of storing 
and preserving them is very considerable, therefore it is hereby 
enacted that the Commissioner may destroy, sell or otherwise 
dispose of all such models or specimens in such manner as he 
deems best in the public interest, and that any money arising 
from the sale or disposal of such models or specimens shall be 
dealt with as is provided by law with respect to public moneys. 

16. Nothing in this Act contained shall affect any rights 
acquired by the parties to a suit in any of His Majesty's 
courts by the final judgment rendered therein. 

''THE TRADE MARK AND DESIGN ACT," WITH AMEND- 
MENTS EMBODIED THEREIN; AND ''THE ACT . 
RESPECTING THE MARKING OF TIMBER," 

Chapter 63. 

An Act respecting Trade Marlis and Industrial Designs. 

Her Majesty, by and with the advice and consent of the 
Senate and House of Commons of Canada, enacts as follows: 



194 Canada 

short title. 

1. This Act may be cited as ^'The Trade Mark and Design 

Act." 42 v., c. 22, s. 40. 

APPLICATION OF ACT. 

2. Sections three to twenty-one of this Act, both inclusive, 
apply only to trade marks, and sections twenty-two to thirty- 
eight, both inclusive, apply only to industrial designs. 42 Y., 
c. 23, s. 37. 

TRADE MARKS. 

3. All marks, names, brands, labels, packages or other busi- 
ness devices, which are adopted for use by any person in his 
trade, business, occupation or calling, for the purpose of dis- 
tinguishing any manufacture, product or article of any descrip- 
tion manufactured, produced, compounded, packed or offered 
for sale by him— applied in any manner whatever either to such 
manufacture, product or article, or to any package, parcel, 
case, box or other vessel or receptacle of any description what- 
soever containing the same, shall, for the purposes of this Act, 
be considered and known as trade marks, and may be registered 
for the exclusive use of the person registering the same in the 
manner herein provided; and thereafter such person shall'have 
the exclusive right to use the same to designate articles manu- 
factured or sold by him: 

2. Timber or lumber of any kind upon which labour has 
been expended by any person in his trade, business, occupa- 
tion or calling, shall, for the purposes of this Act, be deemed 
a manufacture, product or article. 42 V., c. 22, s. 8. 

4. A trade mark may be general or specific, according to 
the use to which it is applied or intended to be applied by 
the proprietor thereof:- 

{a.) A general trade mark is one used in connection with 
the sale of various articles in which the proprietor deals in 
his trade, business, occupation or calling generally: 

(&.) A specific trade mark is one used in connection with: 
the sale of a class of merchandise of a particular description. 
42 v., c. 22, s. 9. 

5. A register of trade marks shall be kept at the Depart- 



Caistada 195 

ment of Agriculture, in which any proprietor of a trade mark 
may have the same registered, on complying with the provisions 
of this Act. 42 V., c. 22, s. 1. 

6. The Minister of Agriculture may, from time to time, 
subject to the approval of the Governor in Council, make 
rules and regulations and adopt forms for the purposes of 
this Act, as respects trade marks; and such rules, regulations 
and forms circulated in print, for the use of the public, shall 
be deemed to be correct for the purposes of this Act; and all 
documents executed according to the same and accepted by the 
Minister, shall be deemed to be valid so far as relates to official 
proceedings under this Act. 42 V., c. 22, s. 2. 

7. The Minister of Agriculture may cause a seal to be 
made for the purposes of this Act; and may cause to be 
sealed therewith trade marks and other instruments, and copies 
of such trade marks and other instruments, proceeding from his 
office in relation to trade marks. 42 Y., c. 22, s. 3. 

8. The proprietor of a trade mark may have it registered 
on forwarding to the Minister of Agriculture, together with 
the fee hereinafter mentioned, a drawing and description in 
duplicate of such trade mark, and a declaration that the same 
was not in use to his knowledge by any other person than him- 
self at the time of his adoption thereof. 42 Y., c. 22, s. 6. 

9. Every proprietor of a trade mark who applies for its 
registration shall state in his application whether the said trade 
mark is intended to be used as a general trade mark or as a 
specific trade mark. 42 Y., c. 22, s. 11. 

10. Before any action is taken in relation to an application 
for registering a trade mark, the following fees shall be paid 
to the Minister of Agriculture, that is to say: — 

On every application to register a general trade mark, 

including certificate $30 00 

On every application to register a specific trade mark, 

including certificate 25 00 

On every application for the renewal of the registra- 
tion of a specific trade mark, including certificate 20 00 

For copy of each certificate of registration, separate 

from the return of the duplicate 1 00 

For the recording of an assignment 2 00 



196 Canada . ■ 

For office copies of documents, not above mentioned 

for every hundred words or for a fraction thereof 50 
For each copy of any drawing or emblematic trade 
mark, the reasonable expenses of preparing the 
same, — 
And such fees shall be paid over by the Minister of Agri- 
culture to the Minister of Finance and Receiver General: 

2. If the Minister of Agriculture refuses to register the 
trade mark for which application is made, the fee shall be 
returned to the applicant or his agent,— less the sum of five 
dollars, which shall be retained as compensation for office ex- 
penses. 42 v., c. 22, s. 12. 

11. The Minister of Agriculture may refuse to register any 
trade mark in the following cases :-- 

(a.) If he is not satisfied that the applicant is undoubtedly 
entitled to the exclusive use of such trade mark; 

(6.) If the trade mark proposed for registration is identical 
with or resembles a trade mark already registered; 

(c.) If it appears that the trade mark is calculated to de- 
ceive or mislead the public ; 

(d.) If the trade mark contains any immorality or scandal- 
ous figure; 

(e.) If the so-called trade mark does not contain the essen- 
tials necessary to constitute a trade mark, properly speaking. 

2. The Minister of Agriculture may, however, if he thinks 
fit, refer the matter to the Exchequer Court of Canada, and in 
that event such court shall have jurisdiction to hear and deter- 
mine the matter, and to make an order determining whether 
and subject to what conditions, if any, registration is to be 
permitted. 54-55 V., c. 35. 

12. The Exchequer Court of Canada may on the informa- 
tion of the Attorney-General, or at the suit of any person 
aggrieved by any omission, without sufficient cause, to make 
any entry in the register of trade marks, or by an entry made 
therein without sufficient cause, make such order for making, 
expunging or varying the entry as the court thinks fit, or the 
court may refuse the application, and in either case may make 
such order with respect to the costs of the proceedings as the 
court thinks fit: 

2. The said court may, in any proceeding, under this sec- 



Canada 197 

tion, decide any question that may be necessary or expedient 
to decide for the rectification of such register: 

3. The registered proprietor of any registered trade mark 
may apply to the Exchequer Court of Canada for leave to add 
to or alter such mark in any particular, not being an essential 
particular, and the court may refuse or grant leave on such 
terms as it may think fit : 

4. Notice of any intended application to the court under 
the last preceding sub-section of this section shall be given 
to the Minister of Agriculture, and he shall be entitled to be 
heard on the application: 

5. A certified copy of every order of the court for the 
making, expunging or varying of any entry in the register 
of trade marks, or for adding to or altering any registered trade 
mark shall be transmitted to the Minister of Agriculture by 
the registrar of the court, and such register shall thereupon be 
rectified or altered in conformity with such order, or the pur- 
port thereof shall otherwise be duly entered in the register, as 
the case may be. 54-55 V., c. 35. 

13. On compliance with the requirements of this Act and 
of the rules hereinbefore provided for, the Minister of Agri- 
culture shall register the trade mark of the proprietor so apply- 
ing, and shall return to the said proprietor one copy of the 
drawing and description with a certificate signed by the Min- 
ister or the deputy of the Minister of Agriculture to the effect 
that the said trade mark has been duly registered in accord- 
ance with the provisions of this Act; and the day, month and 
year of the entry of the trade mark in the register shall also 
be set forth in such certificate; and every such certificate, pur- 
porting to be so signed, shall be received in all courts in Can- 
ada, as prima facie evidence of the facts therein alleged with- 
out proof of the signature. 42 V., c. 22, s. 7. 

14. A general trade mark once registered and destined to 
be the sign in trade of the proprietor thereof shall endure 
without limitation : 

2. A specific trade mark, when registered, shall endure for 
the term of twenty-five years, but may be renewed before th-- 
expiration of the said term by the proprietor thereof, or by his 
legal representative, for another term of twenty-five years, and 
so on from time to time ; but everv such renewal shall be reo-is- 



198 CAi;rADA 

tered before the expiration of the current term of twenty-five 
years. 42 V., c. 22, s. 10. 

15. Any person who has registered a trade mark may peti- 
tion for the cancellation of the same, and the Minister of Agri- 
culture may, on receiving such petition, cause the said trade 
mark to be so cancelled; and the same shall, after such can- 
cellation, be considered as if it had never been registered under 
the name of the said person. 42 V., c. 22, s. 13. 

16. Every trade mark registered in the office of the Minister 
of Agriculture, shall be assignable in law; and on the assign- 
ment being produced, and the fee hereinbefore prescribed being 
paid, the Minister shall cause the name of the assignee, with 
the date of the assignment and such other details as he sees 
fit, to be entered on the margin of the register of trade marks 
on the folio where such trade mark is registered. 42 V., c. 22, 
s. 14. 

17. Every person, other than the person who has registered 
the trade mark, who marks any goods or any article of any 
description whatsoever, with any trade mark registered under 
the provisions of this Act, or with any part of such trade mark, 
whether by applying such trade mark or any part thereof to 
the article itself, or to any package or thing containing such 
article, or by using any package or thing so marked which 
has been used by the proprietor of such trade mark, or who 
knowingly sells or offers for sale any article marked with such 
trade mark, or with any part thereof, with intent to deceive 
and to induce any person to believe that such article was manu- 
factured, produced, compounded, packed or sold by the pro- 
prietor of such trade mark, is guilty of a misdemeanor, and 
liable, for each offense, to a fine not exceeding one hundred 
dollars and not less than twenty dollars,— which fine shall be 
paid to the proprietor of such trade mark, together Avith the 
costs incurred in enforcing and recovering the same: 

2. Every complaint under this section shall be made by 
the proprietor of such trade mark, or by some one acting on his 
behalf and thereunto duly authorized. 42 V., c. 22, s. 16. 

18. An action or suit may be maintained by any proprietor 
of a trade mark against any person who uses his registered 
trade mark, or any fraudulent imitation thereof, or who sells 
any article bearing such trade mark or anv such imitation 



Canada 199 

thereof, or contained in any package being or purporting to be 
his, contrary to the provisions of this Act. 42 V., c. 22, s. 17. 

19. No person shall institute any proceeding to prevent the 
infringement of any trade mark, unless such trade mark is 
registered in pursuance of this Act. 42 V., c. 22, s. 4, part. 

20. Any person may be allowed to inspect the register of 
trade marks; and the Minister of Agriculture may cause copies 
or representations of trade marks to be delivered, on the appli- 
cant for the same paying the fee or fees hereinbefore prescribd. 
42 Y., c. 22, s. 18. 

21. Clerical errors which occur in the drawing up or copy- 
ing of any instrument, under the preceding sections of this 
Act, shall not be construed as invalidating the same, and when 
discovered they may be corrected under the authority of the 
Minister of Agriculture. 42 V., c. 22, s. 19. 

INDUSTRIAL DESIGNS. 

22. The Minister of Agriculture shall cause to be kept a 
book to be called ''The Register of Industrial Designs," in 
which any proprietor of a design may have the same registered 
on depositing with the Minister a drawing and description in 
duplicate of such design, together with a declaration that the 
same was not in use, to his knowledge, by any other person 
than himself at the time of his adoption thereof; and the Min- 
ister, on receipt of the fee hereinafter provided, shall cause 
such design to be examined to ascertain Avhether it resembles 
any other design already registered; and if he finds that such 
design is not identical with, or does not so closely resemble any 
other design already registered as to be confounded therewith, 
he shall register the same, and shall return to the proprietor 
thereof one copy of the drawing and description, Avith a cer- 
tificate signed by the IMinister or the Deputy of the Minister 
of Agriculture, to the effect that such design has been duly 
registered in accordance with the provisions of this Act; and 
such certificate shall also set forth the day, month and year of 
the entry thereof in the proper register; and every such cer- 
tificate purporting to be so signed shall, without proof of the 
signature, be received in all courts in Canada, as prima facie 
evidence of the facts therein alle2:ed. 42 Y., c. 22, s. 20. 



200 Canada 

23. The Minister of Agriculture may, from time to time, 
subject to the approval of the Governor in Council, make rules 
and regulations and adopt forms for the purposes of this Act, 
as respects industrial designs, and such rules, regulations and 
forms circulated in print for the use of the public, shall be 
deemed to be correct for the purposes of this Act ; and all docu- 
ments executed according to the same, and accepted by the 
Minister, shall be deemed to be valid so far as relates to official 
proceedings under this Act. 42 Y., c. 22, s. 21. 

24. Every design in order to be protected, shall be registered 
before publication; and after registration the name of the 
proprietor, who shall be a resident of Canada, shall appear 
upon the article to which his design applies, if the manufacture 
is a woven fabric, by being marked upon one end thereof, to- 
gether with the letters "Ed."; and if the manufacture is any 
other substance, the letters "Rd.," with the year of the regis- 
tration, shall be marked at the edge or upon any convenient 
part thereof: 

2. The mark may be put upon the manufacture by making 
it on the material itself, or by attaching thereto a label con- 
taining the proper marks. 42 V., c. 22, s. 23. 

25. The author of the design shall be considered the pro- 
prietor thereof, unless he has executed the design for another 
person, for a good or valuable consideration — in which case 
such other person shall be considered the proprietor, and shall 
alone be entitled to register it; but his right to the property 
shall only be co-extensive with the right which he has acquired. 
42 v., c. 22, s. 24. 

26. Before any action is taken in relation to an application 
for registering an industrial design, the following fees shall be 
paid to the Minister of Agriculture, that is to say:— 

On every application to register a design, includ- 
ing certificate $5 00 

On every application for an extension of time, 
including certificate, for each year of such ex- 
tension 2 00 

For a copy of each certificate of registration, sepa- 
rate from the return of the duplicate 1 00 

For the recording of an assignment 2 00 



Canada 201 

For office copies of documents, not above men- 
tioned, for every hundred words or for a frac- 
tion thereof 50 

For each copy of any drawn copy of an industrial 
design, the reasonable expense of preparing 
the same: 
And such fees shall be paid over by the Minister of Agri- 
culture to the Minister of Finance and Receiver General: 

2. If the Minister of Agriculture refuses to register the 
industrial design in respect of which application is made, the 
fee shall be returned to the applicant or his agent, less the 
sum of two dollars,— which shall be retained as compensation 
for office expenses. 42 V., c. 22, s. 36. 

27. The Minister of Agriculture may refuse to register such 
designs as do not appear to him to be within the provisions of 
this Act, or any design which is contrary to public morality or 
order— subject to appeal to the Governor in Council. 42 V., 
c. 22, s. 34. 

28. On the copy returned to the person registering, a cer- 
tificate shall be given, signed by the Minister of Agriculture 
or the deputy of the Minister of Agriculture, showing that the 
design has been registered, the date of registration, the name 
of the registered proprietor, his address, the number of such 
design, and the number or letter employed to denote or corre- 
spond to the registration,— which said certificate, in the absence 
of proof to the contrary, shall be sufficient proof of the design, 
of the name of the proprietor, of the registration, of the com- 
mencement and term of registry, of the person named as pro- 
prietor being proprietor, of the originality of the design, and 
of compliance with the provisions of this Act: and generally 
the writing purporting to be so signed shall be received as 
prima facie evidence of the facts therein stated, without proof 
of the signature. 42 Y., c. 22, s. 32. 

29. The exclusive right acquired for an industrial design 
by the registration of the same as aforesaid shall be valid for 
the term of five years, but may be renewed at or before the 
expiration of the said term of five years, for a further period 
of five years or less, on payment of the fee hereinbefore pre- 
scribed, so as that the whole duration of the exclusive right 
shall not exceed ten years in all. 42 V., c. 22, s. 22. 



202 Canada 

30. Every design shall be assignable in law, either as to 
the whole interest or any undivided part thereof, by an instru- 
ment in writing, which shall be recorded in the office of the 
Minister of Agriculture, on payment of the fees hereinbefore 
provided; and every proprietor of a design may grant and 
convey an exclusive right, under any copyright, to make, use 
and vend, and to grant to others the right to make, use and 
vend such design, within and throughout Canada, or any part 
thereof, for the unexpired term of its duration, or any part 
thereof, — which exclusive grant and conveyance shall be called 
a license, and shall be recorded in the same manner and within 
the same delay as assignments. 42 Y., c. 22, s. 25. 

31. During the existence of the exclusive right (whether 
it is of the entire or partial use of such design), no person 
shall, without the license in writing of the registered pro- 
prietor, or of his assignee, as the case may be, apply such 
design, or a fraudulent imitation thereof, to the ornamenting 
of any article of manufacture, or other article to which an 
industrial design may be applied or attached, for the pur- 
poses of sale, or shall publish, sell or expose for sale or use 
any such article as aforesaid, to which such design or fraudu- 
lent imitation thereof has been applied; and every one who 
violates the provisions of this section shall forfeit a sum not 
exceeding one hundred and twenty dollars, and not less than 
twenty dollars, to the proprietor of the design, which shall be 
recoverable, with costs, on summary conviction, by the regis- 
tered proprietor or his assignee. 42 V., c. 22, s. 26. 

32. Every person who places the word "registered," or the 
letters *'Ed.," upon any article for which no design has been 
registered, or upon any article for the design of which the copy- 
right has expired, or who advertises the same for sale as a 
registered article, or unlawfully sells, publishes or exposes for 
sale such article, knowing the same to have been fraudulently 
marked, or that the copyright therefor has expired, shall, for 
each offense, on summary conviction, be liable to a penalty not 
exceeding thirty dollars and not less than four dollars, which 
shall be recoverable, with costs, by any person who sues for the 
same; and a moiety of such penalty shall belong to the prose- 
cutor, and the other moiety to Her Majesty, for the public uses 
of Canada. 42 V., c. 22, s. 27. 



Canada 203 

33. The Exchequer Court of Canada shall, in respect of the 
register of industrial designs, have jurisdiction in a like pro- 
ceeding and manner as hereinbefore provided in respect of the 
register of trade marks, to make orders for the making, ex- 
punging or varying any entrj^ in such register of industrial 
designs, or for adding to or altering any industrial design. 
54-55 v., c. 35. 

34. The Minister of Agriculture shall, after due service of 
such order and payment of the fee hereinbefore provided, cause 
such alteration to be made in the register respecting indus- 
trial designs as is directed by the order made under the next 
preceding section. 42 Y., c. 22, s. 30. 

35. A suit may be maintained by the proprietor of any 
design for the damages he has sustained by the application or 
imitation of the design, for the purpose of sale, against any 
person so offending— if the offender was aware that the pro- 
prietor of the design had not given his consent to such applica- 
tion. 42 v., c. 22, s. 28. 

36. All proceedings under the preceding sections of this 
Act, respecting industrial designs, shall be brought within 
twelve months from the commission of the offense, and not 
afterwards; and none of the provisions of the said sections 
shall apply to protect any design which does not belong to a 
person resident within Canada, and which is not applied to a 
subject matter manufactured in Canada. 42 V., c. 22, s. 31. 

37. Any person may be allowed to inspect the register of 
industrial designs; and the Minister of Agriculture may cause 
copies or representations of industrial designs to be delivered, 
on the applicant for the same paying the fee which is deemed 
sufficient for the purpose of having the same copied or repre- 
sented. 42 v., c. 22, s. 33. 

38. Clerical errors which occur in the drawing up or copy- 
ing of any instrument respecting an industrial design, shall not 
be construed as invalidating the same, but, when discovered, 
they may be corrected under the authority of the IMinister of 
Agriculture. 42 V., c. 22, s. 35. 



204: Canada ' , 

Chapter 64. 
An Act respecting the marking of timber. 

Her Majesty, by and with the advice and consent of the 
Senate and House of Commons of Canada, enacts as follows: 

1. Every person engaged in the business of lumbering or 
getting out timber, and floating or rafting the same on the in- 
land waters of Canada, within the Provinces of Ontario and 
Quebec, shall, within one month after he engages therein, se- 
lect a mark or marks, and having caused such mark or marks 
to be registered in the manner hereinafter provided, shall put 
the same in a conspicuous place on each log or piece of timber 
so floated or rafted: 

2. Every one who violates the provisions of this section 
shall incur a penalty of fifty dollars. 33 V., c. 36, s. 1. 

2. The Minister of Agriculture shall keep at the Depart- 
ment of Agriculture a book to be called the "Timber Mark 
Register, ' ' in which any person engaged in the business of lum- 
bering or getting out timber as aforesaid, may have his timber 
mark registered by depositing with the Minister a drawing or 
impression and description in duplicate of such timber mark, 
together with a declaration that the same is not and Avas not 
in use, to his knowledge, by any other person than himself at 
the time of his adoption thereof; and the Minister, on receipt 
of the fee hereinafter provided, shall cause the said timber mark 
to be examined, to ascertain whether it resembles any other 
mark already registered; and if he finds that such mark is not 
identical with, or does not so closely resemble any other tim- 
ber mark already registered as to be confounded therewith, he 
shall register the same, and shall return to the proprietor there- 
of one copy of the drawing and description, with a certificate 
signed by the Minister or the deputy of the Minister of Agri- 
culture, to the effect that the said mark has been duly registered 
in accordance with the provisions of this Act; and such cer- 
tificate shall further set forth the day, month and year of the 
entry thereof, in the proper register; and every such certifi- 
cate shall be received in all courts in Canada as evidence of the 
facts therein alleged, without proof of the signature. 33 V., 
c. 36, s. 2. 

3. The person who registers such timber marks shall there- 



Canada 205 

after have the exclusive right to use the same, to designate the 
timber got out by him and floated or rafted as aforesaid. 33 V., 
c. 36, s. 4. 

4. Any person who has registered a timber mark may peti- 
tion for the cancellation of the same, and the Minister may, 
on receiving such petition, cause the said mark to be cancelled; 
and the same shall, after such cancellation, be considered as if 
it had never been registered under the name of the said per- 
son. 33 v., c. 36, s. 5. 

5. Every timber mark registered at the Department of Agri- 
culture shall be assignable in law; and on the production of 
the assignment and the payment of the fee hereinafter men- 
tioned, 'the Minister shall cause the name of the assignee, with 
the date of the assignment and such other details as he sees fit, 
to be entered on the margin of the register of timber marks on 
the folio where such mark is registered. 33 V., c. 36, s. 6. 

6. If any person makes application to register, as his own, 
any tim.ber mark Avhich is already registered, the Minister shall 
give notice of the fact to such person, who may then select 
some other mark and forward the same for registration. 33 V.^ 
c. 36, s. 7. 

7. Every person, other than the person who has registered 
the same, who marks any timber of any description with any 
mark registered under the provisions of this Act, or with any 
part of such mark, shall, on summary conviction before two 
justices of the peace, be liable, for each offense, to a penalty 
not exceeding one hundred dollars and not less than twenty dol- 
lars,— which amount shall be paid to the proprietor of such 
mark, together with the costs incurred in enforcing and recov- 
ering the same: Provided always, that every complaint under 
this section shall be made by the proprietor of such timber 
mark, or by some one acting on his behalf, and thereunto duly 
authorized. 33 V., c. 36, s. 8. 

8. The following fees shall be payable, that is to say:— 
On every application to register a timber mark, 

including certificate $2 00 

For each certificate of registration not already 

provided for 50 

For each copy of any drawing,— the reasonable 

expenses of preparing the same. 
For recording any assignment 1 00 



206 Canada 

And such fees shall be paid over by the Minister of Agri- 
culture to the Minister of Finance and Receiver General, and 
shall form part of the Consolidated Revenue Fund of Canada. 
33 v., c. 36, s. 9. 

9. The Minister may, from time to time, subject to the ap- 
proval of the Governor in Council, make rules and regulations 
and adopt form.s for the purposes of this Act. 33 Y., c. 36, s. 3. 

. "THE COPYRIGHT ACT" AND AMENDMENTS 
THERETO ; 

Chapter 62. 

An Act respecting Copyright. 

Her Majesty, by and with the advice and consent of the 
Senate and House of Commons of Canada, enacts as follows: 

SHORT TITLE. 

1. This Act may be cited as ^'Tke Copyright Act.'^ 38 Y., 
c. 88, s. 31. 

INTERPRETATION. 

2. In this Act, unless the context otherwise requires,— 

{a.) The expression "the Minister" means the Minister of 
Agriculture ; 

(5.) The expression "The Department" means the Depart- 
ment of Agriculture; 

(c.) The expression "legal representatives" includes heirs, 
executors, administrators and assigns or other legal represent- 
atives. 

REGISTERS OF COPYRIGHTS. 

3. The Minister of Agriculture shall cause to be kept, at 
the Department of Agriculture, books to be called the "Regis- 
ters of copyrights" in which proprietors of literary, scientific 
and artistic works or compositions, may have the same regis- 
tered in accordance with the provisions of this Act. 38 Y., 
e. 88, s. 1. 



Canada • 207 

subjects of copyright and conditions to be complied with. 

4. Any person domiciled in Canada or in any part of the 
British possessions, or any citizen of any country which has 
an International copyright treaty Avith the United Kingdom, 
who is the author of any book, map, chart or musical composi- 
tion, or of any original painting, drawing, statue, sculpture 
or photograph, or who invents, designs, etches, engraves or 
causes to be engraved, etched or made from his own design, 
any print or engraving, and the legal representatives of such 
person or citizen, shall have the sole and exclusive right and 
liberty of printing, reprinting, publishing, reproducing and 
vending such literary, scientific or artistic works or composi- 
tions, in whole or in part, and of allowing translations to be 
printed or reprinted and sold, of such literary works from one 
language into other languages, for the term of twenty-eight 
years, from the time of recording the copyright thereof in the 
manner hereinafter directed. 38 V., c. 88, s. 4, part. 

5. The condition for obtaining such copyright shall be that 
the said literary, scientific or artistic works shall be printed 
and published or reprinted and republished in Canada, or in 
the case of works of art that they shall be produced or repro- 
duced in Canada, whether they are so published or reproduced 
for the first time, or contemporaneously with or subsequently 
to publication or production elsewhere; but in no case shall 
the said sole and exclusive right and liberty in Canada con- 
tinue to exist after it has expired elsewhere ; 

2. No immoral, licentious, irreligious, or treasonable or sedi- 
tious literary, scientific or artistic work shall be the legitimate 
subject of such registration or copyright. 38 Y., c. 88, s. 4, 
part. 

6. Every work of which the copyright has been granted 
and is subsisting in the United Kingdom, and copyright of 
which is not secured or subsisting in Canada, under any Act 
of the Parliament of Canada, or of the legislature of the late 
Province of Canada, or of the legislature of any of the Prov- 
inces forming part of Canada, shall^ when printed, and pub- 
lished, or reprinted and republished in Canada, be entitled to 
copyright under this Act ; but nothing in this Act shall be held 



208 Canada 

to prohibit the importation from the United Kingdom of copies 
of any such work lawfully printed there; 

2. If any such copyright work is reprinted subsequently 
to its publication in the United Kingdom, any person who 
has, previously to the date of entry of such work upon the 
registers of copyright, imported any foreign reprints, may 
dispose of such reprints by sale or otherwise; but the burden 
of proof of establishing the extent and regularity of the trans- 
action shall, in such case, be upon such person. 38 V., c. 88,, 
s. 15. 

7. Any literary work intended to be published in pamphlet 
or book form, but which is first published in separate articles 
in a newspaper or periodical, may be registered under this Act 
while it is so preliminarilj^ published, if the title of the manu- 
script and a short analysis of the work are deposited at the 
department, and if every separate article so published is pre- 
ceded by the words "Registered in accordance with the Copy- 
right Act," but the work, when published in book or pamphlet 
form, shall be subject, also, to the other requirements of this 
Act. 38 v., c. 88, s. 10, part. 

8. If a book is published anonymously, it shall be sufficient 
to enter it in the name of the first publisher thereof, either on 
behalf of the un-named author, or on behalf of such first pub- 
lisher, as the case may be. 38 Y., c. 88, s. 25. 

9. No person shall be entitled to the benefit of this Act,. 
unless he has deposited at the department three copies of such 
book, map, chart, musical composition, photograph, print, cut 
or engraving, and in the case of paintings, drawings, statuary 
and sculpture, unless he has furnished a written description of 
such works of art; and the Minister shall cause the copyright 
of the same to be recorded forthwith in a book to be kept for 
that purpose, in the manner adopted by him, or prescribed by 
the rules and forms made, from time to time, as herein pro- 
vided. 38 v., c. 88, s. 7. 

10. The Minister shall cause one of such three copies of 
such book, map, chart, musical composition, photograph, print, 
cut or engraving, to be deposited in the Library of the Parlia- 
ment of Canada and one in the British Museum. 38 V., c. 88, 
s. 8. 

11. It shall not be requisite to deliver any printed copy of 



Canada 209 

the second or of any subsequent edition of any book unless the 
same contains very important alterations or additions. 38 Y., 
c. 88, s. 26. 

12. No person shall be entitled to the benefit of this Act 
unless he gives information of the copyright being secured, by 
causing to be inserted in the several copies of every edition 
published during the term secured, on the title-page, or on the 
page immediately following, if it is a book,— or if it is a map, 
chart, musical composition, print, cut, engraving or photograph, 
by causing to be impressed on the face thereof, or if it is a 
volume of maps, charts, music, engravings or photographs upon 
the title-page or frontispiece thereof the following words, that 
is to say: ''Entered according to Act of the Parliament of 
Canada, in the year , by A. B., at the Department of 
Agriculture;" but as regards paintings, drawings, statuary and 
sculptures, the signature of the artist shall be deemed a suffi- 
cient notice of such proprietorship. 38 V., c. 88, s. 9. 

13. The author of any literary, scientific or artistic work 
or his legal representatives, may, pending the publication or 
republication thereof in Canada, obtain an interim copyright 
therefor by depositing at the department a copy of the title 
or a designation of such work, intended for publication or 
republication in Canada,— which title or designation shall be 
registered in an interim copyright register at the said depart- 
ment, — to secure to such author aforesaid or his legal repre- 
sentatives, the exclusive rights recognized by this Act, previous 
to publication or republication in Canada, but such interim 
registration shall not endure for more than one month from 
the date of the original publication elsewhere, within which 
period the work shall be printed or reprinted and published in 
Canada : 

2. In every case of interim registration under this Act the 
author or his legal representatives shall cause notice of such 
registration to be inserted once in the Canada Gazette. 38 Y., 
c. 88, s. 10, part. 

14. The application for the registration of an interim copy- 
right, of a temporary copyright and of a copyright, may be 
made in the name of the author or of his legal representatives, 
by any person purporting to be the agent of such author or 
legal representatives; and any damage caused by a fraudu- 



210 Canada 

lent or an erroneous assumption of such authority shall be re- 
coverable in any court of competent jurisdiction. 38 Y., c. 88, 
s. 23, part. 

ASSIGNMENTS AND RENEWALS. 

15. The right of an author of a literary, scientific or artistic 
work, to obtain a copyright, and the copyright when obtained, 
shall be assignable in law, either as to the whole interest or any 
part thereof, by an instrument in writing, made in duplicate, 
and which shall be registered at the department on production 
of both duplicates and payment of the fee hereinafter men- 
tioned : 

2. One of the duplicates shall be retained at the department, 
and the other shall be returned, with a certificate of registra- 
tion, to the person depositing it. 38 V., c. 88, s. 18. 

16. Whenever the author of a literary, scientific or artistic 
work or composition which may be the subject of copyright, 
has executed the same for another person, or has sold the same 
to another person for due consideration, such author shall not 
be entitled to obtain or to retain the proprietorship of such 
copyright, which is, by the said transaction, virtually trans- 
ferred to the purchaser,— and such purchaser may avail him- 
self of such privilege, unless a reserve of the privilege is spe- 
cially made by the author or artist in a deed duly executed. 
38 y., c. 88, s. 16. 

17. If, at the expiration of the said term of twenty-eight 
years, the author, or any of the authors (when the work has 
been originally composed and made by more than one per- 
son), is still living, or if such author is dead and has left a 
widow or a child, or children living, the same sole and ex- 
clusive right and liberty shall be continued to such author, or to 
such authors still living, or, if dead, then to such widow and 
child or children, as the* case may be, for the further term of 
fourteen years ; but in such case, within one year after the ex- 
piration of such term of twenty-eight years, the title of the 
work secured shall be a second time registered, and all other 
regulations herein required to be observed in regard to original 
copyrights shall be complied with in respect to such renewed 
copyright. 38 V., c. 88, s. 5. 

18. In all cases of renewal of copyright under this Act, the 



Canada 211 

author or proprietor shall, within two months from the date 
of such renewal, cause notice of such registration thereof to 
be published once in the Canada Gazette. 38 V., c. 88, s. 6. 

CONFLICTING CLAIMS TO COPYRIGHT. 

19. In case of any person making application to register 
as his own, the copyright of a literary, scientific or artistic 
work already registered in the name of another person, or in 
case of simultaneous conflicting applications or of an appli- 
cation made by any person other than the person entered as 
proprietor of a registered copyright, to cancel the said copy- 
right, the person so applying shall be notified by the Minister 
that the question is one for the decision of a court of com- 
petent jurisdiction, and no further proceedings shall be had 
or taken by the Minister concerning the application until a 
judgment is produced maintaining, cancelling, or otherwise 
deciding the matter: 

2. Such registration, cancellation or adjustment of the said 
right shall then be made by the Minister in accordance with 
such decision. 38 V., c. 88, s. 19. 

3. The Exchequer Court of Canada shall be a competent 
court within the meaning of this Act, and shall have 
jurisdiction to adjudicate upon any question arising under 
this secton, upon information in the name of the Attorney 
General of Canada, or at the suit of any person interested. 
53 v., c. 12 ; 54-55 V., c. 34. 

INFRINGEMENT OF COPYRIGHT. 

20. Every person who, without the consent of the author 
or lawful proprietor thereof first obtained, prints or publishes, 
or causes to be printed or published, any manuscript not pre- 
viously printed in Canada or elsewhere, shall be liable to the 
author or proprietor for all damages occasioned by such pub- 
lication, and the same shall be recoverable in any court of com- 
petent jurisdiction. 38 V., c. 88, s. 3. 

LICENSE TO REPUBLISH. 

21. Tf a work copyrighted in Canada becomes out of print, 
a complaint may be lodged by any person with the ]\Iinister, 



212 Canada 

who on the fact being ascertained to his satisfaction, shall no- 
tify the owner of the copyright of the complaint and of the 
fact; and if, within a reasonable time no remedy is applied by 
such owner, the Minister may grant a license to any person to 
publish a new edition or to import the work, specifying the 
number of copies and the royalty to be paid on each to the 
owner of the copyright. 38 Y., c. 88, s. 22. 

FEES 

22. The following fees shall be paid to the Minister before 
an application for any of the purposes herein mentioned is 
received, that is to say: 

On registering a copyright $1 00 

On registering an interim copyright 50 

On registering a temporary copyright 50 

On registering an assignment 1 00 

For a certified copy of registration 50 

On registering any decision of a court of jus- 
tice, for every folio 50 

For office copies of documents not above mentioned, the fol- 
lowing charges shall be made:— 

For every single or first folio, certified copy. ... $0 50 
For every subsequent hundred words, fractions 
under or not exceeding fifty, not being 
counted, and over fifty being counted for 
one hundred 25 

2. The said fees shall be in full of all services performed 
under this Act by the Minister or by any person employed by 
him under this Act: 

3. All fees received under this Act shall be paid over to 
the Minister of Finance and Receiver General, and shall form 
part of the Consolidated Revenue Fund of Canada: 

4. No person shall be exempt from the payment of any fee 
or charge payable in respect of any services performed under 
this Act for such person, and no fee paid shall be returned to 
the person who paid it. 38 V., c. 88, s. 28. 

GENERAL PROVISIONS. 

23. Nothing herein contained shall prejudice the right of 



Canada 213 

any person to represent any scene or object, notwithstanding 
that there may be copyright in some other representation of 
such scene or object. 38 V., c. 88, s. 14. 

24. Newspapers and magazines published in foreign coun- 
tries, and Avhich contain, together with foreign original matter, 
portions of British copyright works republished with the con- 
sent of the author or his legal representatives, or under the 
law of the country where such copyright exists, may be im- 
ported into Canada. 38 V., c. 88, s. 10, part. 

25. Clerical errors which occur in the framing or copying 
of any instrument drawn by any officer or employee in or of 
the department shall not be construed as invalidating such in- 
strument but when discovered they may be corrected under the 
authority of the Minister. 38 Y., c. 88, s. 20. 

26. All copies or extracts certified, from the department, 
shall be received in evidence, without further proof and with- 
out production of the originals. 38 V., c. 88, s. 21. 

27. The Minister may, from time to time, subject to the 
approval of the Governor in Council, make such rules and regu- 
lations, and prescribe such forms, as appear to him necessary 
and expedient for the purposes of this Act; and such regu- 
lations and forms, circulated in print for the use of the public, 
shall be deemed to be correct for the purposes of this Act ; and 
all documents, executed and accepted by the Minister, shall be 
held valid, so far as relates to all official proceedings under 
this Act. 38 v., c. 88, s. 2. 

OFFENSES AND PENALTIES. 

28. Every person who wilfully makes or causes to be made 
any false entry in any of the registry books hereinbefore men- 
tioned of the Minister, or who wilfully produces or causes to 
be tendered in evidence, any paper, which falsely purports to 
be a copy of an entry in any of the said books, is guilty of a 
misdemeanor, and shall be punished accordingly. 38 V., c. 88, 
s. 24. 

29. Every person who fraudulently assumes authority to 
act as agent of the author or of his legal representative for 
the registration of a temporary copyright, an interim copy- 
right, or a copyright, is guilty of a misdemeanor and shall be 
punished accordingly. 38 V., c. 88, s. 23, part. 



214 Canada 

30. Every person who, after the interim registration of the 
title of any book according to this Act, and within the term 
herein limited, or after the copyright is secured and during the 
term or terms of its duration, prints, publishes, or reprints or 
republishes, or imports, or causes to be so printed, published or 
imported, any copy of any translation of such book without the 
consent of the person lawfully entitled to the copyright thereof, 
first had and obtained by assignment, or who, knowing the same 
to be so printed or imported, publishes, sells or exposes for 
sale, or causes to be published, sold or exposed for sale, any 
copy of such book without such consent, shall forfeit every copy 
of such book to the person then lawfully entitled to the copy- 
right thereof; and shall forfeit and pay for every such copy 
which is found in his possession, either being printed or re- 
printed, published, imported or exposed for sale, contrary to 
the provisions of this Act, such sum, not exceeding one dollar 
and not less than ten cents, as the court determines, — which 
forfeiture shall be enforceable or recoverable in any court of 
competent jurisdiction; and moiety of such sum shall belong 
to Her Majesty for the public uses of Canada, and the other 
moiety shall belong to the lawful owner of such copyright. 
38 Y., c. 88, s. 11. 

31. Every person who, after the registering of any painting, 
drawing, statue or work of art, and within the term or terms 
limited by this Act, reproduces in any manner, or causes to be 
reproduced, made or sold, in whole or in part, any copy of any 
such work of art, without the consent of the proprietor, shall 
forfeit the plate or plates on which such reproduction has been 
made, and every sheet thereof so reproduced, to the proprietor 
of the copyright thereof; and shall also forfeit for every sheet 
of such reproduction published or exposed for sale, contrary to 
this Act, such sum, not exceeding one dollar and not less than 
ten cents as the court determines,— which forfeiture shall be 
enforceable or recoverable in any court of competent jurisdic- 
tion; and a moiety of such sum shall belong to Her Majesty 
for the public uses of Canada, and the other moiety shall be- 
long to the lawful owner of such copyright. 38 V., c. 88, s. 12. 

32. Every person who, after the registering of any print, 
cut or engraving, map, chart, musical composition, or photo- 
graph, according to the provisions of this Act, and within the 



Canada 215 

term or terms limited by this Act, engraves, etches or works, 
sells or copies, or causes to be engraved, etched or copied, made 
or sold, either as a whole or by varying, adding to or dimin- 
ishing the main design, with intent to evade the law, or who 
prints or reprints or imports for sale, or causes to be so printed 
or reprinted or imported for sale, any such map, chart, musical 
composition, print, cut or engraving, or any part thereof, with- 
out the consent of the proprietor of the copyright thereof first 
obtained as aforesaid, or who, knowing the same to be so re- 
printed, printed or imported without such consent, publishes, 
sells or exposes for sale, or in any manner disposes of any such 
map, chart, musical composition, engraving, cut, photograph or 
print, without such consent as aforesaid, shall forfeit the plate 
or plates on which such map, chart, musical composition, en- 
graving, cut, photograph or print has been copied, and also 
every sheet thereof, so copied or printed as aforesaid, to the 
proprietor of the copyright thereof; and shall also forfeit, 
for every sheet of such map, musical composition, print, cut 
or engraving found in his possession, printed or published or 
exposed for sale, contrary to this Act, such sum, not exceeding 
one dollar and not less than ten cents, as the court determines,— 
which forfeiture shall be enforceable or recoverable in any 
court of competent jurisdiction; and a moiety of such sum 
shall belong to Her Majesty for the public uses of Canada, 
and the other moiety shall belong to the lawful owner of such 
copyright. 38 V., c. 88, s. 13. 

33. Every person who has not lawfully acquired the copy- 
right of a literary, scientific or artistic work, and who inserts 
in any copy thereof printed, produced, reproduced or imported, 
or who impresses on any such copy, that the same has been 
entered according to this Act, or Avords purporting to assert the 
existence of a Canadian copyright in relation thereto, shall 
incur a penalty not exceeding three hundred dollars: 

2. Every person who causes any work to be inserted in the 
register of interim copyright and fails to print and publish 
or reprint and republish the same within the time prescribed, 
shall incur a penalty not exceeding one hundred dollars: 

3. Every penalty incurred under this section shall be recov- 
erable in any court of competent jurisdiction; and a moiety 
thereof shall belong to Her Majesty for the public uses of 



316 Can" ADA 

Canada, and the other moiety shall belong to the person who 
sues for the same. 38 V., c. 88, s. 17. 

34. No action or prosecution for the recovery of any pen- 
alty under this Act, shall be commenced more than two years 
after the cause of action arises. 38 V., c. 88, s. 27. 

Chapter 25. 

An Act to amend the Copyright Act. 

Her Majesty, by and with the advice and consent of the 
Senate and House of Commons of Canada, enacts as follows: 

1. If a book as to which there is subsisting copyright under 
The Copyright Act has been first lawfully published in any 
part of Her Majesty's dominions other than Canada, and if it 
is proved to the satisfaction of the Minister of Agriculture that 
the owner of the copyright so subsisting and of the copyright 
acquired by such publication has lawfully granted a license to 
reproduce in Canada, from movable or other types, or from 
stereotype plates, or from electro-plates, or from lithograph 
stones, or by any process for facsimile reproduction, an edition 
or editions of such book designed for sale only in Canada, the 
Minister may, notwithstanding anything in The Copyright Act, 
by order under his hand, prohibit the importation, except with 
the written consent of the licensee, into Canada of any copies 
of such books printed elsewhere ; provided that two such copies 
may be specially imported for the hond fide use of any public 
free library or any university or college library, or for the 
library of any duly incorporated institution or society for the 
use of the members of such institution or society. 

2. The Minister of Agriculture may at any time in like 
manner, by order under his hand, suspend or revoke such pro- 
hibition upon importation if it is proved to his satisfaction 
that — 

(a) the license to reproduce in Canada has terminated or 
expired; or 

(5) the reasonable demand for the book in Canada is not 
sufficiently met without importation; or 

(c) the book is not, having regard to the demand therefor 
in Canada, being suitably printed Or published; or 



Canada 217 

(d) any other state of things exists on account of which it 
is not in the public interest to further prohibit importation. 

3. At any time after the importation of a book has been 
prohibited under section 1 of this Act, any person resident or 
being in Canada may apply, either directly or through a book- 
seller or other agent, to the person so licensed to reproduce 
such book, for a copy of any edition of such book then on sale 
and reasonably obtainable in the United Kingdom or some other 
part of Her Majesty's dominions, and it shall then be the duty 
of the person so licensed, as soon as reasonably may be, to 
import and sell such copy to the person so applying therefor, 
at the ordinary selling price of such copy in the United King- 
dom or such other part of Her Majesty's dominions, with the 
duty and reasonable forwarding charges added; and the failure 
or neglect, without lawful excuse, of the person so licensed to 
supply such copy within a reasonable time, shall be a reason 
for which the Minister may, if he sees fit, suspend or revoke the 
prohibition upon importation. 

4. The Minister shall forthwith inform the Department of 
Customs of any order made by him under this Act. 

5. All books imported in contravention of this Act may be 
seized by any officer of Customs, and shall be forfeited to the 
Crown and destroyed; and any person importing, or causing 
or permitting the importation, of any books in contravention 
of this Act shall, for each offense, be liable, upon summary 
conviction, to a penalty not exceeding one hundred dollars. 

' RULES 

OF THE 

DEPARTMENT OP AGRICULTURE 

RESPECTING 

''THE COPYRIGHT ACT." 



GENERAL RULES. 
I. 



There is no necessity for any personal appearance at the 
Department of Agriculture, unless specially called for by order 



218 C AIT ADA 

of the Minister or of the Deputy, every transaction being car- 
ried on by writing. 

II. 
In every case the applicant or depositor of any paper is 
responsible for the merits of his allegations and of the validity 
of instrument furnished by him or his agent. 

III. 

The correspondence is carried on with the applicant, or with 
the agent who has remitted or transmitted the paper to the 
office, but with one person only. 

IV. 

All papers are to be clearly and neatly written on foolscap 
paper, and every word of them is to be distinctly legible, in 
order that no difficulty should be met with in the taking cog- 
nizance of, and in the registering and copying them. 

V. 

All copies of books deposited in accordance with section 9 of 
"The Copyright Act," must be furnished with board covers or 
full bound, and all copies of maps deposited must be mounted. 

VI. 

All communications to be addressed in the following words: 
''To the Minister of Agriculture, {Copyright Branch), Ottawa. 

VII. 

In preparing an assignment in duplicate, pursuant to sec- 
tion 15 of "The Copyright Act," care should be taken to allow 
on the back of the document a sufficient space for the insertion 
of the certificate. 

VIII. 

As regards proceediugs not specially provided for in the 
following forms, any form being conformable to the letter and 
spirit of the law will be accepted, and if not conformable will 
be returned for correction. 

IX. 

A copy of the Act and the Rules with a particular section 
marked, sent to any person making an inquiry is intended as 
a respectful answer by the office. 



Chile 219 

CHILE. 

PATENT AND TRADE MARK LAWS. 

I. 

Preliminary Uemarlis. 

Article 152 of the Chilean Constitution, of May 25, 1833, 
guarantees to every author or inventor the exclusive owner- 
ship of his work or invention for the time w^hich the law may 
establish. If it should be found necessary for the Government 
to cause the work or invention to become public property, due 
indemnification shall be paid to the author or inventor. 

II. 

Law of September 9, 18JfO. 

Article 1. The author or inventor of an art, manufacture, 
machine, instrument, combination of substances, or any im- 
provement of a former invention, who may desire to enjoy the 
exclusive ownership secured for him by article 152 of the Con- 
stitution, shall apply to the Secretary of the Interior, giving 
a truthful, clear, and succinct description of the work or in- 
vention, stating under oath that it is his own discovery and is 
unknown in the country. Together with his application he 
shall submit samples, drawings, or models according to the 
nature of the case, and thereupon request that a patent be is- 
sued in his favor in order to prove said ownership. 

Art. 2. The Secretary of the Interior shall appoint a com- 
mittee of one or more experts whose duty it shall be to ex- 
amine the work or invention and report as to its originality. 
The members of this committee shall, in the presence of the 
inventor, take the oath of faithfully fulfilling their duties, and 
religiously keeping the secret communicated to them. 

Art. 3. Upon proof of the originality the President of the 
Republic shall grant the exclusive privilege requested, which 
shall last for a term not exceeding ten years; and he shall 
cause the proper patent to be issued, which shall be authorized 
by his signature and the seal of the republic. 



220 Chile 

Art. 4. This patent shall be recorded in full in a book to 
be kept for that purpose in the Department of the Interior. 

Art. 5. Before delivering the patent to the applicant, the 
latter shall prove by exhibiting the proper receipt to have paid 
into the National Treasury the sum of $50, and to have de- 
posited in the National Museum the samples, drawings, or 
models, and a specification, satisfactory to the committee, and 
authorized by the signature of one of its members, containing 
a description of the invention, said description to be in full 
and sufficient to distinguish the latter from all others known 
and used up to that time. This specification shall explain also 
the principles and processes utilized by the applicant for the 
working of his invention, so as to enable any other person hav- 
ing knowledge of these matters to use the same invention to 
the benefit of the public after the time of the patent expires. 
This specification shall be inclosed in the presence of the com- 
mittee in a sealed envelope, upon which the title or object of 
the privilege shall be written. The applicant shall write at 
the foot of this inscription that he faithfully fulfilled the ob- 
ligation imposed by this article, and the committee shall cer- 
tify as to his signature. During the time of the privilege the 
patentee shall have the right to inspect as often as he desires 
the said envelope in order to ascertain whether the seal has 
or has not been broken or tampered with. 

Art. 6. A room shall be set apart in the National Museum 
for the preservation of the samples, drawings, or models, and 
there shall be also a safe wherein the sealed envelopes referred 
to in the foregoing article shall be kept. The said envelopes 
shall never be opened during the time of the patent or priv- 
ilege, except in the cases set forth in articles 11, 12, and 15. 

Art. 7. The sum of $50 to be paid under article 5 shall be 
destined to defray the expenses of the proper arrangement and 
preservation of the room in the Museum where these collec- 
tions are to be kept. 

Art. 8. Patents for the introduction of arts, industries, or 
machines invented in other nations and entirely unknown or 
not established or used in Chile, may be obtained under the 
same terms and conditions as have been established for patents 
of invention. The time of the privilege shall, nevertheless, be 
shorter in the case of importations. Under no circumstances 



Chile 221 

shall the latter exceed eig-ht years, and the time of the duration 
shall be fixed by the Department of the Interior, upon the 
advice of the committee, according to the utility and class of 
the importation. Simple changes of form or size in machines 
or inventions already established shall not be patentable.'^ 

Art. 9. The ownership of a privilege or patent is trans- 
ferable the same as that of any other property; but before a 
transfer is made notice shall be given to the Secretary of the 
Interior setting forth the reasons why the transfer is to be 
made. If said reasons are found to be good the transfer shall 
be entered in a book kept for that purpose; if not, the pro- 
visions of article 11 shall be carried into effect. 

Art. 10. Any one who should without authority manu- 
facture patented articles by the methods and processes appear- 
ing in the patent, shall pay a fine of not less than $100 and 
not more than $1,000, besides losing the manufactured articles 
and the machines, engines, instruments, or implements which 
he has used. The total amount thus realized shall be given, 
one-half to the Treasury and the other half to the patentee, 
who shall have also the right to claim damages against the in- 
fringer. 

Art. 11. Patents obtained surreptitiously — that is to say, 
upon false testimony— or in the erroneous belief that the ap- 
plicant is the inventor, or relating to industries already estab- 
lished in the country, in the same form and manner, shall be 
immediately canceled; and the patentee shall be condemned to 
pay the costs of the case, and punished with a fine of not more 
than $1,000 and not less than $100, and with imprisonment 
for not less than three nor more than twelve months. 

Art. 12. If litigation should arise between different pat- 
entees, manufacturers of products of the same kind, the ques- 
tion shall be settled by arbitration, each party being bound to 
appoint an arbitrator and the Secretary of the Interior ap- 
pointing on his part the umpire. 

Art. 13. The privileges secured by the patents shall be 
either general, or for general use throughout the whole extent 
of the Republic, or limited to one, two, or more Provinces. 

Art. 14. All patents shall set forth the time given the pat- 



c The whole of this article has been abrogated by the law of July 25, 1872, which 
prohibited the granting of patents of importation. 



222 Chile 

entee for the establishment of the machines, engines, or manu- 
factures. The duration of the patent shall begin to be counted 
at the expiration of that time. 

Art. 15. If the time granted for the actual establishment of 
the new industry or business is allowed to pass unavailed, the 
privilege shall be forfeited. If the establishment takes place 
and the patentee fails to work the invention for over one year, 
or if the products of his invention are inferior to the samples 
or models filed with the application, the privilege shall also be 
forfeited. 

Art. 16. No patent shall be renewed unless under extraor- 
dinary circumstances or upon sufficient proof that the pat- 
entee deserves to obtain the renewal, but in all cases the appli- 
cation for the^ renewal must be filed at least six months before 
the extinction of the privilege. 

Art. 17. The provisions of the mining ordinances relating 
to privileges to be granted in this branch of the public wealth 
and the provisions of the law of July 24, 1834, relating to the 
ownership of literary and artistic works, are not in any manner 
abrogated by the present law." 

III. 

Law of 1812 amendatory of the foregoing. 

Sole Article. Article 8 of the law of September 9, 1840, 
is hereby repealed. 

IV. 

Law of September 1, 1871^-. 

Article 6 of this law provides that the payment of patent 
fees be made with revenue stamps, and also that the fee of 
$50 to be paid for patents or privileges shall be understood 
to be in the currency of the country. 



aThe mining ordinances to which this article refers have been repealed by the 
mining code. 



Chile 223 

V. 

Trade Mark law of November 12, 187Jf. 

Article 1. A register shall be kept for the inscription of 
trade marks, national and foreign. 

Art. 2. The name of trade mark shall be given to any mark 
affixed to articles manufactured in Chile or in any foreign 
country by manufacturers or agriculturists. The name of 
commercial mark shall be given to those which a merchant 
adopts to distinguish the articles sold by him. 

Art. 3. Proper names, emblems, and any other sign adopted 
by the manufacturer or merchant to distinguish the objects 
of his trade from all others shall be considered trade marks. 
Nevertheless, and in order to secure the proper legal effects, 
the initials "M. de F." (marca de fabrica, or trade mark) 
shall be added to the trade mark. The initials "M. C." (marca 
comercial or commercial mark) shall be added to the commer- 
cial mark. 

Art. 4. The name of a rural estate or establishment, mill, 
foundry, factory, etc., shall exclusively belong to the owner. 

Art. 5. Whoever has registered the trade or commercial 
mark shall have the exclusive ownership thereof. 

Art. 6. The transfer of a mark, or the permission given by 
the owner to some one else for making use of the same, shall 
be entered in the register, and announced to the public during 
a period of ten days. 

Art. 7. The registration of all trade or commercial marks 
shall be renewed every ten years. Failure to renew them shall 
entail the extinction of the privilege. 

Art. 8. The register referred to in article 1 shall be kept 
in the office of the National Society of Agriculture under the 
direction of its president or of a delegate appointed by the 
board of directors. In the latter case the delegate shall be a 
member of said board. 

Art. 9. The entry to be made in the register shall set forth 
the day and hour on which the inscription is made, the name 
of the owner of the mark, his occupation and domicile, the 
place in which his factory is established, and the kind of in- 
dustry or commerce for which the mark is intended. A fac- 
simile of the mark shall be appended to this entry. Each 



224 Chile 

entry shall also set forth the number affixed to the mark ex- 
hibited and all other information which may be deemed neces- 
sary. The entry, as well as the copy thereof to be given the 
interested parties, shall be signed by the president of the Na- 
tional Societj^ of Agriculture or his delegate, by the owner of 
the mark, and by two witnesses. 

Art. 10. The fees to be paid to the National Society of 
Agriculture for the registration of marks as aforesaid, shall 
be as follows: Trade marks, $12; commercial marks, $3; cer- 
tified copy of the entry, $1. 

Art. 11. Counterfeiters of trade marks and anyone who may 
use them fraudulently shall incur the penalties established by 
the Penal Code. 

Art. 12. Articles bearing counterfeited marks shall be con- 
fiscated to the benefit of the legitimate owner. The instru- 
ments for the counterfeiting shall be destroyed. 

Art. 13. During the month of August of every year a list 
of the marks registered up to that time shall be published. 

VI. 

Laic of Octohe7^ 2Jf, 1898. 

Sole Article. In the proceedings instituted to enforce the 
responsibility established by article 11 of the law of November 
12, 1874, the tribunals shall decide upon moral evidence ac- 
cording to their conscience whether the counterfeiting, adulter- 
ation, or fraudulent use of the trade mark has or has not been 
committed, even though it appears prima facie that the reg- 
istered mark and the one which gave occasion to the proceed- 
ings are different. 



Colombia 225 



COLOMBIA. 

PATENT LAW OF MAY 13, 1869. 
I. 

Article 1. All new discoveries or inventions, in whatever 
kind of industry, give the inventor, under the conditions and 
for the time mentioned in this law, a right to the exclusive benefit 
of his invention or discovery. This right is secured by grants 
issued by the Executive power of the Union, under the name of 
''patents of invention." 

Art. 2. Any Colombian or foreigner who shall invent or 
improve any machine, mechanical contrivance, combination of 
materials, or process useful to industry, arts, or sciences, or any 
manufacture or industry, may obtain a patent from the Execu- 
tive power, securing to him or to his lawful representatives, for 
a term of from five to twenty years, the exclusive right to make, 
sell, or use his discovery or invention. 

Art. 3. No privileges shall be granted for the importation 
from foreign countries of natural or manufactured products. 

Art. 4. Inventors who have obtained a patent in a foreign 
country and should also apply for it in Colombia may obtain it 
if the invention in question has not already become public prop- 
erty. A patent granted in Colombia for an invention which 
has already been patented in a foreign country shall expire at 
the same time as the foreign patent. 

Art. 5. In order to obtain a patent of invention or improve- 
ment the person interested therein shall apply either personally 
or through his attorney to the Executive power, specifying his 
invention or improvement, explaining it with clearness, and 
asking for the patent to be granted to him. If the said patent 
is granted, he is required to furnish, before the patent is given 
to him, and within forty days, an exact drawing or model of 
the machine or mechanical contrivance invented by him, or a 
full and detailed description of the new method or process, 
or a sample of the article, as permitted by the nature of the 
case, in order that said exhibits may be deposited in the corre- 



226 Colombia 

spending department of the Government, to be used in case 
any questions arise touching the patent. 

Art. 6. Every patent shall contain a copy of the present 
law and of the Executive decree granting the privilege, and 
shall specify the invention, improvement, or new industry, and 
the term of its duration, and shall declare the patentee to be in 
possession of said privilege, and it shall be published twice at 
least in the Official Gazette. 

Art. 7. A patent of invention or improvement shall be 
granted without previous inquiry as to the usefulness of the 
article or as to whether it be really an invention or improve- 
ment. The Government does not declare on issuing a patent 
that the invention or improvement is genuine or useful, that 
the patentee is the actual inventor, that the article is a new 
one, or that the descriptions or models are correct. Those who 
are interested in the matter are at liberty to prove the contrary 
before the courts. 

The Executive power shall publish through the Official Ga- 
zette all applications for patents. Between this publication and 
the issue of the patent thirty days shall intervene. 

Art. 8. No patent shall be granted if all the formalities re- 
quired by this law are not fulfilled, if the invention, improve- 
ment, or new industry should endanger public health or secur- 
ity, or if it is against good morals or existing rights. 

Art. 9. When the term for which a patent is granted expires 
the manufacture, sale, or use of the patented invention or im- 
provement shall become free; the descriptions furnished by 
the inventor shall be published, and copies of the respective 
drawings or models may be had on application at the expense 
of the person asking for them. This shall likewise take place 
when, before the expiration of the term, the patent is declared . 
null and void. 

Art. 10. Infringements of patents, or other offenses against 
the ownership of the patented articles or industries, shall be 
prosecuted in accordance with the penal laws of the Union. 

Art. 11. Besides the case mentioned in article 4, patents 
shall become void when they have been granted to the prejudice 
of a third party, this point to be decided by the State courts. 

Art. 12. A patent for a new industry shall also be void when 



Colombia 227 

said industry is not practiced during a whole year, unless un- 
avoidable circumstances have intervened to prevent it. 

Art. 13. On receiving the patent the patentee shall pay into 
the National Treasury a fee of from $5 to $10 for every year 
of the privilege. The applicant shall fix a term for its dura- 
tion within the maximum established, and shall deposit at the 
Treasury the sum of $10, which he shall forfeit if the patent 
is refused, and which shall be taken in part payment of the 
fee if it is granted. 

Art. 14. The law of May 15, 1848, respecting patents of in- 
vention or improvement of machines and industrial apparatus 
is hereby repealed. 

II. 

Decree of Novemher 22, 1900, on patents and trade marks. 

I, the Vice-President of the Republic, acting as Chief Magis- 
trate of the same, in use of my constitutional powers, and con- 
sidering that the always increasing number of applications for 
patents of privileges of invention and certificates of registra- 
tion of trade marks justifies the belief that the Government 
may, by raising the patent fees, which are now very low, and 
by levying other fees on the trade mark certificates, the Gov- 
ernment might increase its resources and be in better condition 
to meet the expenses which the present state of war necessi- 
tates, do hereby decree : 

Article 1. On and after the date of the present decree the 
fee established by article 13 of the law of March 13, 1869, is 
hereby raised to $20. The deposit which, under the provisions 
of the same article is to be made, shall henceforth be $20, which 
the applicant shall lose in favor of the Treasury if the patent 
is not granted, or shall be accredited to him in part of pay- 
ment of the last fee if it is granted. 

Paragrrap/?.— When the patent is asked for the purpose of 
securing the exclusive use of any invention or improvement of 
machines, mechanical apparatuses, combination of substances, 
methods or processes of useful application to industry, arts, or 
sciences, or of some manufactured article or industrial product 
belonging to Colombian citizens or to foreigners residing in 
Colombia, which may be considered as a national invention or 



228 Colombia 

improvement, the fee to be charged shall be from $5 to $20^ 
according to circumstances, as the Secretary of the Treasury 
shall decide. 

Art. 2. In addition to the fee established in the foregoing 
article the applicant shall pay into the National Treasury as 
final patent fee the sum of $50. 

Art. 3. A fee of $50 shall be charged for the registration 
of each trade mark when industrial and of $30 when com- 
mercial. 

Art. 4. No final patent of privilege or certificate of regis- 
tration shall be issued except upon proof that the fees above 
established have been paid into the National Treasury. 

Art. 5. Applications for patents and trade mark certificates 
which may be now on file in the respective offices, and have not 
been as yet acted upon, shall be subject to the provisions of the 
present decree, except in case that the liquidation of the fees 
has been already made. 

III. 

Decree of March IJj-, 1902, amending the decree of November 

22, 1900. 

1, the Vice-President of the Republic, Acting Chief Magis-. 
trate of the same, in use of my constitutional powers, and con- 
sidering that the urgent necessities resulting from the present 
situation of the country compel the Government to devise, 
within the limits of its legal powers, the means which are re- 
quired to meet its obligations, do hereby decree : 

Article 1. On and after the 1st of April next the fees to be 
paid for patents intended to secure the exclusive use of an 
invention or improvement of machines, mechanical apparatuses, 
combinations of substances, methods or processes of useful ap- 
plication to the industry, the arts, or the sciences, or of some 
manufactured article or indutrial product, shall be from $10 
to $200 per annum during the life of the privilege. The 
amount shall be fixed, according to the nature of the case, by 
the Secretary of the Treasury. 

Art. 2. The fee for the registration of trade marks shall be 
$100 when the marks are industrial and $60 when commercial. 

Art. 3. The decree of November 22, 1900, on patents and 



Colombia 229 

trade marks shall continue to be observed and obeyed as 
amended by the present one. 

IV. 

Trade mark law. 
[November 23, 1900.] 

I, the Vice-President of the Republic, Acting Chief Magis- 
trate of the same, in use of my constitutional powers, consider- 
ing (1) that the applications for certificates of registration of 
trade marks filed before the Government are numerous and fre- 
quent; (2) that the Colombian laws, different from those of 
other countries, have not established, as yet, the course of pro- 
ceedings to be followed for securing protection of the rights 
of the manufacturers and causing the genuine origin of the 
goods or articles to be known; (3) and that it has become 
necessary, until Congress may enact the proper legislation on 
the subject, to fix at least what must be done by the applicants 
and by the respective executive officers in cases that applica- 
tions are made for certificates of registration, do hereby decree; 

Article 1. Every Colombian citizen or foreigner who is the 
o^ATier of a trade mark shall acquire the exclusive right to use 
it in the territory of the Republic by fulfilling the formality 
of having it registered at the respective office, and for that pur- 
pose he shall submit himself to the following course of pro- 
cedure : 

1. He shall file, either personally or through an attorney, a 
petition to the Treasury Department, asking for the registra- 
tion of his trade mark, clearly explaining the distinctive sign 
which he wishes to use, the article or product to which it refers, 
and the place where said article or product is manufactured. 

2. The application referred to in the preceding paragraph 
shall be written on stamped paper of the third class, and shall 
be accompanied by two copies, at least, of the trade mark, or 
the representation thereof by means of a drawing or engrav- 
ing, signed by the applicant, bearing the same date as the appli- 
cation. A revenue stamp of class first shall be affixed to each 
copy. 

3. The application shall be published in the "Diario Oficial," 



230 Colombia 

and thirty days thereafter, if no opposition is made, the regis- 
tration of the trade mark, if industrial, shall take place. 

The interested party shall then be provided with a certificate 
of registration, which shall be evidence of his exclusive owner- 
ship of the mark. This certificate shall be published three 
times in the "Diario Oficial. " 

Art. 2. The cost of publication of the application and cer- 
tificate shall be borne by the applicant. 

Art. 3. If the trade mark whose registration is requested is 
commercial, the course of proceedings shall be the same de- 
scribed in article 1 ; but the certificate shall not be issued until 
sixty days have elapsed from the date of publication of the 
application. 

Art. 4. Industrial trade marks shall be, for the purpose of 
the present decree, all phrases or signs employed to distinguish 
a special product destined to industry or commerce. Commer- 
cial marks shall be those phrases or distinctive signs to be used 
by a merchant or a business house. 

Art. 5. Powders of attorney executed in foreign countries, 
authorizing anyone in Colombia to ask for the registration of 
trade marks, shall have to be authenticated in due form by the 
respective minister or consular agent of the Republic in the 
place of execution, provided that Colombia has accredited such 
officials in the country or place where the power of attorney is 
executed. 

Art. 6. Trade marks belonging to foreign individuals or 
companies not residing in Colombia shall not be admitted to 
registration, except in case that they are already registered, in 
due form and through the regular proceedings of law, in the 
country of origin, this registration to be proved by an authenti- 
cated copy of the original certificate. The copy shall be then 
attached, as an exhibit, to the application. 

Art. 7. Individual persons or companies who first made use 
of a trade mark are the only ones entitled to acquire the owner- 
ship of the same. In case of dispute between two or more 
possessors of the same mark the ownership shall belong to the 
first owner. If the priority of possession can not be established, 
the ownership shall belong to the one who first applied to the 
respective office for the registration of the mark. 

Art. 8. The registration of the trade marks, Avhether indus- 



Colombia 231 

trial or commercial, shall be made, without previous examina- 
tion of the usefulness of the object, or of the quality and prop- 
erties of the products for which they are destined. Everything 
in this respect shall be under the exclusive responsibility of the 
applicant, and the rights of third parties shall ahvays be pre- 
served. 

Paragraph. — Publication having been made in the "Diario 
Oficial" of the applicant's petition, so as to allow anyone inter- 
ested in the matter to come and make opposition to the granting 
of the certificate, and an opponent having in fact entered his 
appearance in due time, and made the proper representations 
on the subject, as provided in article 1 of the present decree, 
the Secretary of the Treasury shall render his decision in the 
case. This decision shall put an end to all executive proceed- 
ings. Parties not satisfied with the decision may make us(i of 
their rights before the courts of justice. 

Art. 9. Counterfeiters of trade marks shall be subject to the 
penalties established in articles 663 and 664 of the Penal Code. 

NOTE. 

The decree of March 12, 1903, establishing a tariff of fees for 
the execution and registration of public instruments, etc., con- 
tains the following article : 

''Art. 10. Two hundred dollars for patents of invention." 
This decree Avas put into practice on the 1st of April, 1903. 



232 Costa EicA 

COSTA RICA. 

PATENT LEGISLATION. 

In Costa Rica the ownership of inventions and of all property 
of scientific, artistic, or literary character is protected by the 
provisions of a law of general character, known by the name of 
'4aw on intellectual property." 

This law, enacted by the Costa Rican Congress on June 26, 
1896, and approved by the Costa Rican President on the day 
following, contains four chapters wherein the subject of patents 
of inventions is properly regulated. The full text of these chap- 
ters is as follows: 

Chapter VI. 

Ownership of the inventions. 

Art. 41. The inventors of commercial or manufactured arti- 
cles, the improvers of the same, and the discoverers of new 
methods of fabrication, shall enjoy the ownership of their inven- 
tions, improvements, or discoveries for the period of twenty 
years. 

Art. 42. The ownership of an invention shall be exclusively 
confined to the same article or object specified in the patent. 

Art. 43. Inventions or discoveries relating to anything un- 
lawful shall not be protected by this statute. 

Art. 44. Foreign inventors shall be entitled to a patent cov- 
ering a period of time, not to exceed that of the original con- 
cession, provided that said remainder is not more than twenty 
years. 

Art. 45. It shall be laAvful to ask for a patent for one or 
more improvements to articles or products already patented; 
but during the period of one year after the date of a patent 
none except the patentee himself or his assignee shall have the 
right to make any improvements to the patented article. 

Art. 46. Applicants for patents for improvements shall be 
considered, as far as the granting of the patent is concerned, as 
if they were original inventors. 

Art. 47. All the models, drawings, plans, or descriptions re- 



Costa Rica 233 

quired from the applicants in order to grant them a patent of 
invention shall be gratuitously exhibited to all those who may 
wish to see them, and copies thereof shall be given upon pay- 
ment of a moderate compensation. 

Art. 48. Patents shall be annulled in the following cases: 

1. When the invention or discovery to which they refer 
proves to be injurious to public health or safety or contrary to 
the laws. 

2. When the existence of a patent of anterior date relating 
to the same identical matter is discovered. 

3. When the invention or discovery covered by the patent 
proves to be something which the general public already knew, 
practically or theoretically, or had been divulged by some pub- 
lication. 

4. When the patent was obtained without due compliance 
with the formalities established by law. 

5. When the title given to the invention covers some fraud, 
or is given to an object different from the one specified. 

6. When, in cases of improvement, the improvement proves 
to be a mere change of form, ornamentation, or nonsubstantial 
modification of the original invention. 

Chapter VII. 

Art. 49. To guarantee the rights of intellectual property two 
registers shall be kept, one at the office of the Director- General 
of Public Libraries, wherein all scientific, literary, or artistic 
property shall be entered, and another at the office of the Di- 
rector-General of Public Works, wherein the inventions shall 
be recorded. 

Art. 50. Authors or proprietors of scientific, literary, and 
artistic works shall file three copies of the same, authenticated 
by their signature, said copies to be kept, one at the office of the 
Director-General of Public Libraries, another at the National 
Library, and another at the Department of Public Instruction. 

Art. 51. The Director-General of Public Libraries shall keep 
a book wherein the titles of all the works deposited shall be en- 
tered, chronologically. 

Art. 52. The inscription of the works in the register of the 
Director-General of Public Libraries shall be communicated by 



234 Costa Eica 

him for the purposes of the present law to the Secretary of 
Public Instruction. 

Art. 53. Authors or inventors who should fail to comply with 
the formalities of inscription and deposit above required shall 
not be entitled to the benefits of the present law. 

Art. 54. Authors shall have one year, to be counted from the 
day on which the printing* of their work was finished, to comply 
with the requisites of inscription and deposit. 

Art. 55. With regard to dramatic or musical works put on 
the stage, but not printed, the deposit of a manuscript copy, 
signed by the author or proprietor, shall be sufficient to insure 
the enjoyment of the benefits of the present law. 

Art, 56. With regard to works of art, as paintings, statues, 
architectural models, or other works of this kind, the deposit 
of an engraving, drawdng, or photograph representing it, in 
addition to the inscription, shall also be sufficient. 

Art. 57. Inventors or proprietors of an invention shall have 
to file in the office of the Director-General of Public Works 
the plans, drawings, models, or descriptions required for the 
inscription of their invention. 

Art. 58. After the inscription is made, the Director-General 
of Public Works shall give information of the fact to the Secre- 
tary of Fomento, 

Art. 59. When the Secretary of Public Instruction or the 
Secretary of Fomento are officially informed of the inscription 
of a scientific, literary, or artistic work, or of an invention, they 
shall order a notice thereof to be published in the Diario Oficial, 
this publication to be made within eight days, to be counted 
from the date on which the information was received by them. 

Art. 60. Scientific, literary, and artistic productions, and the 
inventions anterior in date to the present law shall enjoy the 
benefits of the same, if inscribed in the respective registers 
within six months, to be counted from the day on which the 
law goes into effect. 

Art. 61. Authors or inventors who are now in the enjoyment 
of privileges granted to them by former laws shall enjoy the 
benefits of the present one, bat the time of the concession shall 
be counted from the date on which it was granted. 

Art. 62. The Executive power shall make such regulations 



Costa Eica 235 

as may be found necessary for the proper registration of intel- 
lectual property. 



Chapter VIII. 
Extinction of the owner ship of intellectual property. 

Art. 63. Scientific, literary, or artistic works not registered 
within the time established by law shall become public property. 
Ten years thereafter the original owners, or their heirs, shall 
have the right to be reinstated in the ownership, by registering 
the work, in due form, within one year, to be counted from 
the expiration of the ten above named. But if they fail to do 
so within the said time the right of ownership shall be finally 
lost for them. 

Art. 64. Scientific, literary, or artistic works not reprinted 
or reissued by their author, or owner, within a period of twenty- 
five years shall become public property. 

Art. 65. Dramatic or musical works, registered and deposited 
as provided by article 55, shall become public property if not 
published within thirty years, to be counted from the date of 
registration. 

Art. Q^. Patents of invention shall become public property 
if not put into practice within two years, to be counted from 
the date of the inscription. 

Art. 67. Patents of invention Avhich are not used for three 
consecutive years shall become public property. 

Art. 68. The power to declare that the ownership of scien- 
tific, literary, or artistic work is extinct belongs to the Secretary 
of Public Instruction, but the power to do so in regard to inven- 
tions and discoveries belongs to the Secretary of Fomento. 

Art. 69. The extinction of the ownership shall be made 
known to the public in the official paper (Diario Oficial) within 
eight days after the date of the decree by which it was de- 
clared. 

Art. 70. If the publication referred to in the preceding article 
is not made, any interested party shall have the right to de- 
mand it. 



236 Costa Eica 

Chapter LX. 
Penal provisions. 

Art. 71. Usurpers of intellectual property shall be held re- 
sponsible civilly and criminally, as provided by section 3 of 
article 496 of the Penal Code. 

Art. 72. The responsibility for usurpations committed 
through publication shall belong primarily to the author of the 
fraud, and secondly to the editor and printer, unless they prove 
to be not guilty. 

Art. 73. The responsibility for usurpations committed 
through execution or exhibition shall belong primarily to, the 
person or firm in whose name the execution or exhibition ap- 
pears to be made, and secondly to the executor or exhibitor. 

Art. 74. In cases of infringement of patents, the responsi- 
bility for the infringement shall belong primarily to the per- 
son for whose account the infringement is made, and secondly 
to those who actually commit the infringement, unless they 
prove to be guiltless. 

Final Article. Foreigners residing outside the limits of 
Costa Eica shall enjoy in Costa Eica the same rights guaranteed 
by the present law to Costa Eican citizens and to foreigners 
residing in Costa Eica, provided that the laws of their respective 
nations grant the same privilege to Costa Eican citizens. 

LAW EELATING TO TEADE MAEKS. 

[Approved May 22, 1896.] 

Article 1. Trade marks are defined to be the names of manu- 
facturers and business firms, seals, stamps, engravings, vig- 
nettes, monograms, mottoes, legends, or any other distinctive 
signs whatsoever, serving to identify the products of a manu- 
factory or the articles constituting fhe trade of a commercial 
house. 

Art. 2. The use of trade marks is optional; but in certain 
cases the police authorities may make it compulsory. 

Art. 3. The ownership of a trade mark is acquired by the 
registration thereof at the proper office and the filing of two 
samples. 

Art. 4. The Executive shall promulgate the necessary regu- 



Costa Rica 237 

lations for the registration and filing of trade marks, and shall 
designate the office where such operations must be performed. 

Art. 5. The ownership of a trade mark is acquired only for 
a term of fifteen years, but may be renewed indefinitely every 
ten years. 

Aet. 6. To renew the term of a trade mark it will be suffi- 
cient for the owner to make a declaration to that effect before 
the proper bureau within thirty days after the expiration of 
the concession. The concession shall be forfeited if no declara- 
tion is made within the period above stated. 

Art. 7. The ownership acquired by the registration and filing 
of a trade mark only confers the right of using it, but in no case 
does it imply any exclusive privilege to manufacture or sell the 
product or article to which it refers. 

Art. 8. The responsibility for infringement of trade marks 
shall be placed, until their innocence is established, upon the 
person or persons on whose account the fraud has been com- 
mitted, the authors of the forgery, and the importers or dealers 
of the counterfeited article or product. 

Art. 9. Infringement of trade marks shall be published in 
conformity with article 496, paragraph 3, of the Penal Code. 

Art. 10. Trade marks shall not be granted for the manu- 
facture or sale of prohibited articles or products. 

Art. 11. The use of immoral marks, drawings, engravings or 
vignettes is forbidden. 

Art. 12. The coat of arms and the national flag of the Re- 
public shall not be allowed to be used as trade marks. 

CONVENTION BETWEEN COSTA RICA AND GREAT 
BRITAIN OF MARCH 5, 1898, FOR THE RECIPROCAL 
PROTECTION OF TRADE MARKS. 

Her Majesty the Queen of Great Britain and Ireland, Empress 
of India, etc., and His Excellency Don Rafael Iglesias, Presi- 
dent of the Republic of Costa Rica, being desirous to conclude a 
convention for the mutual protection of trade marks and de- 
signs, have for the purpose appointed as their plenipotentiaries, 
namely: Her Majesty the Queen, etc., George Francis Birt 
Jenner, esq., her minister resident in Central America, and His 
Excellency the President of Costa Rica, Don Ricardo Villa- 



238 Costa Eica 

franca y Bonilla, Consul-General of the Republic of Costa Rica 
in Guatemala, who, after having mutually communicated their 
full powers, and found them in good and due form, have agreed 
to the following articles: 

Article 1. The subjects or citizens of each of the con- 
tracting parties shall enjoy, in the dominions and possessions 
of the other, the same rights as are now granted, or may here- 
after be granted, to British subjects or Costa Rican citizens, 
in all that relates to trade marks, industrial designs, and pat- 
terns. In order that such rights may be protected the for- 
malities required by the laws of the respective countries must 
be fulfilled. 

Art. 2. The stipulations of the present convention shall 
be applicable to all the colonies and foreign possessions of 
Her Britannic Majesty excepting to the following: India, the 
Dominion of Canada, Newfoundland, the Cape of Good Hope, 
Natal, New South Wales, Victoria, Queensland, Tasmania, 
South Australia, Western Australia, and New Zealand: Pro- 
vided always that the stipulations of the present convention 
shall be made applicable to any of the above-named colonies 
or foreign possessions, whenever a notice to that effect is given 
by Her Britannic Majesty's representative to the Minister of 
Foreign Relations of the Republic of Costa Rica within one 
year to be counted from the date of the ratifications of the 
present convention. 

Art. 3. The present convention shall be ratified and the 
ratifications exchanged at London as soon as possible. It shall 
be put in operation one month after the exchange of the rati- 
fications, and shall continue to be in force for one year after 
the date of the notice given by one of the parties to terminate 
the agreement. 

In testimony whereof the undersigned plenipotentiaries have 
hereto affixed their seals and signatures, at the city of Guate- 
mala, this 5th day of March, 1898. 

[l. s.] G. Jenner. 

[l. S.] RiC. ViIjLAFRANCA. 



Costa Eica 239 

COXYEXTIOX BETAVEEX COSTA RICA AXD BELGIUM 
FOR THE RECIPROCAL PROTECTIOX OF TRADE 
MARKS. 

[April 25, 1902.] 

The President of the Republic of Costa Rica and His ^lajesty 
the King of the Belgians, desiring to secure for their re- 
spective citizens and subjects the reciprocal protection of their 
trade marks by means of a convention, have appointed as their 
plenipotentiaries : 

The President of the Republic of Costa Rica, Senor Don 
Manuel ]\I. de Peralta, Envoy Extraordinary and IMinister 
Plenipotentiary of the Republic of Costa Rica in Belgium, 
Knight of the Order of Leopold. 

His Majesty the King of the Belgians, His Excellency Baron 
Favereau, Knight of the Order of Leopold, Senator, Secretary 
of Foreign Affairs. 

AYho, after having communicated to each other their re- 
spective full poAvers and found them to be in due form, have 
agreed to the following articles: 

Article 1. Costa Ricans shall enjoy in Belgium and Bel- 
gians shall enjoy in Costa Rica the same protection as Bel- 
gians, or Costa Ricans in everything concerning trade marks. 

Art. 2. To insure in favor of the trade marks the pro- 
tection stipulated in the foregoing article, Costa Ricans in Bel- 
gium and Belgians in Costa Rica, shall comply with the for- 
malities required by the laws and regulations of the contract- 
ing States. 

It is to be understood that the trade marks to which the 
present arrangement refers are those which legitimately be- 
long, in either country, to the business men or manufacturers 
who use them— that is to say, that the character of a Belgian 
mark shall be considered from the standpoint of the Belgian 
law and the character of a Costa Rican mark shall be con- 
sidered from the standpoint of the Costa Rican law. 

Art. 3. AYhen a trade mark has become public property 
in the country of origin it cannot be made the subject of a 
privilege in the other country. 

Art. 4. The present arrangement shall be valid for five 



240 Costa Kica 

years, to be counted from the date of the exchange of the 
ratifications. Nevertheless, if one year before the expiration 
of this period neither of the contracting parties gives notice 
to the other, officially, of its intention that this agreement 
should be terminated, the said agreement shall continue in 
existence for a year longer; and so on, from year to year^ 
until the official notice is given. 

Art. 5. The present arrangement shall be ratified and the 
ratification shall be exchanged in Brussels within six months, 
after the present date. 

In testimony whereof the plenipotentiaries have affixed there-^ 
to their signatures and seals. 

Done at Brussels, on the 25th of April, 1902. 

[l. s.] ManueI; M. Peralta. 

[l. s.] Favereau. 



Cuba 241 



CUBA. 

PATENT AND TRADE MARK LAWS. 

The legislation on patents in the island of Cuba is to be 
found in the Royal Ordinance of June 30, 1833, and in sub- 
sequent provisions of the Spanish Government while Cuba 
was a Spanish possession, of the American military govern- 
ment while the island was militarily occupied by the United 
States, and of the Government of the Republic ever since the 
20th of May, 1902. 

The legislation on trade marks in the same island is to be 
found in the Royal Decree of August 21, 1884, and in the 
amendments thereto made under the Spanish, the American, 
or the Cuban administrations. 

As long as Cuba was a Spanish possession she was bound 
by the arrangements made by Spain, with Belgium, Brazil, 
France, Guatemala, Italy, the Netherlands, Portugal, Salvador, 
Servia, Switzerland, the United States of America, and Great 
Britain in regard to patents and trade marks. The new po- 
litical situation created for Cuba by the war of 1898 between 
the United States and Spain, and by the treaty of peace signed 
at Paris on the 10th of December of the same year, may 
have- radically changed, de jure, at least, the contractual re- 
lations Avhich under the said arrangements were then in ex- 
istence between Cuba and the nations above named. 

The Department of State of the United States published on 
October 25, 1902, a report sent to it by the United States 
Minister in Cuba on the subject of patents, trade marks, and 
copyrights, which came accompanied with a brief by Mr. Fer- 
nando M. Vidal (formerly General Wood's legal adviser)^,. 
which reads as follows: 

' ' TRADE MARKS. 

''Circular No. 12 of the Division of Customs and Insular 
Affairs, dated April 11, 1899, which is applicable to both 
patents and trade marks, provides protection for American pat- 
ents and trade marks upon tiling a duly certified copy of the 



242 Cuba 

patent or of the certificate of registration of the trade mark, 
print, or label in the office of the Governor-General of the 
island. Provision is also made for the protection of rights 
of property in patents and trade marks secured under the 
Spanish laws. 

"Circular No. 21 of the Division of Customs and Insular 
Affairs, dated June 1, 1899, provides that the fee for filing 
the certified copies mentioned in circular No. 12 shall be $1, 
and that as to patents, the only certification required is that 
issued by the United States Commissioner of Patents. - 

"On September 25, 1899, circular No. 34 was issued by the 
Division of Customs and Insular Affairs, applicable to both 
patents and trade marks, rescinding so much of circular No. 
21 as required the payment of a fee for filing certified copies 
of patents or certificates of registration of trade marks, prints, 
or labels. 

"A paragraph is added to circular No. 21 requiring a power 
of attorney from the owner of the patent or trade mark au- 
thorizing another for him, and in his place, to file a certi- 
fied copy of the patent or certification of the trade mark, print, 
or label, to be filed with such certified copy or certificate of 
registration. It is further provided that assignments of pat- 
ents, trade marks, prints, or labels, or certified copies thereof, 
shall be filed in the same manner. 

"By a subsequent circular. No. 38, of the Division of Cus- 
toms and Insular Affairs, dated March 9, 1900, so much of cir- 
cular No. 34 of the said Division as related to fees was re- 
scinded, thereby restoring the registration fee of $1 provided 
for by circular No. 21 in relation to American patents and 
trade marks. 

"Upon this question of registration fees for American pat- 
ents and trade marks, the Secretary of Agriculture, Commerce, 
and Industries, under date of June 21, 1902, issued a circular 
order which was published in the Gaceta de la Habana on June 
23, 1902, wherein it is recited that— 

" 'The military government of the United States in this 
island having ceased, by virtue whereof and in accordance with 
the express text thereof circulars Nos. 12 and 21, dated, re- 
spectively, April 11 and June 1, 1899, issued by the Division 
of Customs and Insular Affairs of the War Department at 



Cuba 243 

Washington, concerning the registration of American trade 
marks and patents, have become without value or effect, in as 
much as said circulars were issued for the territories subject 
to military forces of the United States, I have resolved that 
patents and marks of all kinds, prints, labels, and tickets, duly 
registered in the Patent Office of the United States, whose fil- 
ing in this island may be requested for their protection in 
future, shall from the present date be recorded in the Bureau 
under my charge in proper case, upon complying with the 
procedure followed for registration from other countries and 
the payment of $35 currency for patents and $12.50 currency 
for marks, prints, etc.— that is to say, the same fees which are 
paid by all others, foreign or national, in place of $1 currency 
which is provided for in said circular No. 21 regarding the 
American. ' 

"In an unpublished communication, dated August 12, 1902, 
addressed to the Secretary of State and Government by the 
Secretary of Agriculture, Commerce, and Industries, a ruling 
is contained to the effect that 'civil order No. 160, series 1901, 
June 13, 1901, has not been revoked, and that American trade 
marks which have been registered in pursuance of circular 12 
and 21 of the Division of Customs and Insular Affairs, are 
fully protected without the necessity of any further formality, 
and that the circular published in the Gazette on June 23, 1902, 
has had for its object the equalization of procedure followed 
in this island for the filing and protection of foreign trade 
marks and patents in accordance with the international treaty 
of 1883, and that, upon the expiration of the term of pro- 
tection granted to marks, etc., registered under circulars 12 
and 21, above mentioned, the Department reserves the right 
to take the proper steps. This will be the subject of a law.' 
"At this point it seems proper to invite attention to civil 
order No. 148, series 1902, whereby 'each and every of the 
laws, decrees, regulations, orders and other rulings made and 
promulgated by and under the military government of Cuba, 
shall be deemed to be general and continuing in character, and 
to be applicable to and binding upon all officers of the Gov- 
ernment of Cuba, under whatsoever names or titles, who shall 
succeed the officers of the military government, and to con- 
tinue in force and effect, under whatsoever government may 



24:4: Cuba 

exist in Cuba, until such time as it may be legally revoked or 
amended, pursuant to the terms of the constitution aforesaid.' 

''Article 12 of said royal decree of August 21, 1884, has 
been amended by civil order 512, series 1900, dated December 
19, 1900, by adding to paragraph 1 of said article the follow- 
ing: 

" 'Those who buy or sell receptacles, stamped in a permanent 
manner with a trade mark which is registered in the name 
of another person, except to such person or his authorized 
agent, or who use such receptacles, placing therein for sale 
the same or similar products as those for which said receptacles 
are used by the owner of the trade mark. In such cases the 
receptacles shall be seized, Avhich the infringer shall forfeit 
to the owner of the trade mark.' 

"The said article of said order amends article 287 of the 
penal code by extending the penalty therein provided to this 
offense. 

"Article 36 of said loyal decree of August 21, 1884, is amend- 
ed by civil order 511, series 1900, by substituting for paragraph 
2 thereof the following: 

" 'Manufacturers, merchants, agriculturists, and industrials 
applying for registration of the same mark, having distinguish- 
ing minor details, with the object of pointing out the variaus 
classes and grades of one product, or for any other motive, 
shall be furnished with a certificate of registration for each 
variation of the mark, stating their special use and charging 
them the corresponding fees ($12.50 United States currency) 
for each certificate issued.' 

"patents. 

"The law of patents of Cuba is contained in the royal de- 
cree of June 30, 1833, which was modified by the royal order 
of January 17, 1873, which prohibited the concession of 'pat- 
ents of introduction.' 

"The circulars of the Division of Customs and Insular Af- 
fairs, hereinbefore cited in reference to trade marks registered 
in the United States and seeking protection in Cuba, have ap- 
plication also to American patents under like circumstances ; and 
the circular above mentioned— of the Secretary of Agriculture, 
etc., dated June 21, 1902— is likewise applicable to patents. 



Cuba 245 

''The plans and specifications are required to be presented 
in closed and sealed envelopes, which are to be opened only by 
the examining board Avhen about to pass upon the same. 

"When a case arises which is not specially provided for in 
the law, it is the practice to follow as precedent and legal doc- 
trine in the matter the provisions of the Spanish law of pat- 
ents of July 30, 1878. 

' ' COPYRIGHTS. 

''The law of copyrights in force in Cuba is that of January 
10, 1879, extended to this island by royal order of January 14, 
1879. 

"This has been modified by civil order 119, series 1900, 
whereby it is provided as follows: 

" 'I. Authors of foreign scientific, artistic, and literary 
works, or their agents or representatives, shall enjoy in the 
island of Cuba the protection granted by the law of intellectual 
property of January 10, 1879, for the period during which 
said works are protected in the country where they originate, 
provided this period does not exceed the time allowed in the 
aforementioned law, and provided said authors comply with 
the requirements of the same and its regulations. 

" 'II. This provides that the general register referred to in 
paragraph 33 of said law shall be kept in the Department of 
State and Government. 

" 'III. Foreign works must be entered in the general reg- 
ister. To effect said registration, a duly legalized certificate 
must be presented from the proper authority of the country 
where the work originates, as a guarantee of proprietorship in 
favor of the person soliciting the registration. 

" 'IV. Civil governors and municipal mayors shall not sus- 
pend in any case the representation, reading, or performance 
of literary or musical works, in accordance "with the provi- 
sions or paragraph 63 of the regulations of the law of intellec- 
tual property, except in cases where the claimant proves him- 
self to be the proprietor of the work or his agent or represent- 
ative, by producing the certificate of registration issued by the 
general registry and the power of attorney whenever this be 
necessary. 

" 'V. No fees shall be collected for the registration of 



246 Cuba 

foreign works, and certificates of registration will be issued to 
the proprietors of such works, or their agents or represent- 
atives, free of charge.' 

''Civil order 55, series 1901, provides that duly legalized 
notarial certificates of proprietary rights containing the titles 
to the same in full shall be considered sufficient for their in- 
scription in the registry of foreign copyrights, provided that 
the public officer in whose presence the document is executed 
certifies to having had presented to him the original of the 
certificate of copyrights. 

"Civil order 160, series 1901, hereinbefore mentioned, pro- 
vides for the protection of copyrights upon the filing of a 
certificate of registration issued by the Librarian of Congress, 
A^dth the Governor of the island, and contained a penal clause 
punishing the infringement of copyrights. 

"Civil order 54, series 1902, provides that the general reg- 
ister of literary property provided for in article 33, of the 
law of January 10, 1879, and in article 2, of civil order 119, 
series 1900, shall be kept in the section of general government 
of the Department of State and Government in the same man- 
ner as the register of foreign literary property. 

"For the purposes of article 34 of the laAV, it is provided 
that the records relating thereto and the works deposited in 
the printing bureau of the Department of State and Govern- 
ment shall be transferred to the general register of literary 
works. 

"The connection of the provincial registries with the gen- 
eral registry shall be the same as that existing prior to January 
1, 1899, with the general registry of the Department of De- 
velopment (Ministerio de Fomento) and the general directory 
of public instruction, and they will forward to said registry the 
semiannual statements of the inscriptions effected and their 
after history, in accordance with said paragraph 3 of the 
aforesaid article 34 of the law. 

"The three copies of each scientific, literary, or dramatic 
work which, in accordance with royal order of January 14, 1879, 
the interested parties must submit at the time of requesting 
inscription, and which, prior to January 1, 1899, were forward- 
ed to the IMinisterio de Fomento, of Spain, shall in the future 
be sent through the Civil Governor to the general registry of 



Cuba 247 

literary works, one of which copies shall go to the national 
library, one to the university, and a third shall remain in the 
archives of the registry. 

"The copy or copies in the case of musical works Avhich 
must be presented shall be tiled in the general registry of lit- 
erary works, unless otherwise directed in the future. 

' * Respectfully submitted. 

"Fernando M. Vidal." 

PATENT LAWS. 

No. 1. 

Boyal ordinance of June 30, 1833. 

The King: By royal decree of March 27, 1826, to be ex- 
ecuted within the limits of this my kingdom and adjacent 
islands, I was pleased to take measures which I deemed to be 
conducive to encourage and protect my intelligent and indus- 
trious vassals who, to the advantage of science and art, should 
happen to invent new machines, instruments, apparatuses, or 
methods, scientifical or mechanical, as well as those Avho should 
propose to introduce them from foreign countries or materially 
improve those which were already in use. For that purpose, 
as it was necessary and just, I promulgated some rules tending 
to secure for them the ownership and enjoyment of their in- 
ventions, granting them exclusive privilege to that effect for 
a certain time, so as to reconcile the protection due to private 
interests and to the benefit of the industry, protecting them 
against all usurpation and avoiding the dangers of a stagnation 
and monopoly in the matter of inventions. 

Subsequent to that time several letters of privilege published 
in the Gaceta have been granted for this my Kingdom, and two 
more upon the advice of the Council of the Indies for the in- 
troduction and use in the Philippine Islands of a foreign ma- 
chine destined to smelt and refine iron and for weaving fabrics, 
whereupon I recommended to the same council to study the 
manner of putting the said decree into operation in all my 
dominions of America and Asia, with such changes and amend- 
ments as circumstances may require. And acting in accord- 
ance with the reports of the said council of April 20, 1829, and 



248 Cuba 

December 20, 1832, and after hearing the reports of the in- 
tendents-general of Cuba, the Philippine Islands, and Porto 
Eico, the Controller of the Treasury of the Indies, and my 
Attorney- General, I have decided to promulgate the following 
articles : 

1. Every person of whatever condition or country who pro- 
poses to establish or establishes a machine, apparatus, instru- 
ment, process, or operation, mechanical or chemical, which, 
either wholly or in part, are new^ or have not been established 
in the same manner or form in either Cuba, Porto Rico, or the 
Philippine Islands, shall have the exclusive right of ownership 
and use of the whole or of the part which is not in operation 
there, subject to the rules and conditions to be hereafter set 
forth and to the laws, royal orders, regulations, and ordinances 
to police. But as it is already declared by me in regard to 
Cuba, by royal order of December 27, 1827, communicated to 
the intendent-general of Habana, it is to be understood that the 
privilege of introduction refers only to the manner of carry- 
ing the same into effect and that the faculty of applying it to 
different objects is free to all others. 

2. Taking into consideration the particular condition of the 
island of Cuba, where no inducement is necessary for the pro- 
motion of the agricultural industry, especially in the branch 
of the manufacture of sugar boxes, the owners of the estates, 
as well as the authorities, follow very closely the progress made 
in the matter in foreign countries and introduce and put in- 
to operation at once the machines, instruments, apparatuses, 
processes, and scientific methods applicable to their business, 
the concession of the privilege shall be limited to inventors and 
im.porters. Mere importers shall be dealt with at the discre- 
tion of the captain-general and the intendent, who, acting in 
the capacity of the superior directive board, and after hearing 
the opinion of the city council, of the board of commerce or 
promotion of public welfare, mention of which shall be made in 
article 28, and the economical society, shall decide, if it is 
deemed advisable, what are the branches of industry or agri- 
culture, as well as the districts, in reference to which no priv- 
ilege is to be granted. This shall be done by special rules or 
additional articles, which shall be submitted to me for ap- 
proval. 



Cuba 249 

3. To secure for the interested party the exclusive owner- 
ship -of the invention, a royal letter of privilege shall be grant- 
ed to him, and this shall be done without entering into any 
examination of the novelty or usefulness of the invention, and 
with the understanding that the concession is not to be taken 
in any manner or form as an indorsement of its novelty and 
usefulness, the interested party remaining subject to the pro- 
visions of the present ordinance. 

4. Privileges shall be granted for periods of five, ten, or 
fifteen years, as the applicants may desire, in cases of inven- 
tion, and for five years alone in cases of importation from 
abroad, it being understood that the privilege granted for the 
establishment or introduction of the machines, apparatuses, in- 
struments, processes, or operations, mechanical or chemical, is 
for doing something in these Kingdoms, but not to bring into 
them any object manufactured abroad which shall be subject 
to the provisions of the tariff in regard to importations. 

5. The privilege granted for five years to the inventors may 
be extended five years longer upon just and good reasons. 
Pri^dleges granted for periods of ten and fifteen years cannot 
be extended. 

6. Anything which is not practiced and used, either in these 
dominions or in any foreign country, shall be a proper mat- 
ter for a privilege of invention. What is not in use in the 
island into which the importation is proposed, but which is in 
use in other islands, in Spain, or in a foreign country, shall 
be a proper matter for a privilege of introduction, provided 
that no privilege shall be granted for anything the models or 
descriptions of which may be found in the city corporations, 
boards of commerce or promotion of public welfare, economical 
societies, and archives of the Government, unless three years 
have elapsed since its importation without its having been put 
into practice. In that case a privilege of introduction shall be 
granted for only five years. 

7. Applicants for a letter of approval shall have to appear 
either personally or through an attorney, and by means of a 
memorial drawn in accordance with model Xo. 1, attached to 
this ordinance, to the intendent of the Province of their resi- 
dence. Applications in the island of Cuba shall be filed before 
the intendent of Habana. 



250 Cuba 

8. Applications shall refer to only one object, and shall be 
accompanied with a drawing or model and a proper descrip- 
tion and explanation of the invention, specifying in the proper 
way which is the mechanism or process which it is claimed has 
never been practiced before. Everything must be stated clear- 
ly and precisely, in order to prevent doubts after the real 
nature of the claim on which the privilege has been granted. 

9. The models shall have to be submitted, as well as the 
drawings, descriptions, and specifications, in a sealed box; but 
the drawings, descriptions, and specifications may also be in- 
closed in a sealed envelope. In either case a label, prepared ac- 
cording to model No. 3, shall be affixed to the package. 

10. The intendent shall cause the word "presentado," as 
well as the seal of his office, to be stamped on the package, and 
shall give the applicants a certificate showing that the letter was 
received. If the application is made in any of the subaltern 
Provinces of Cuba, the letter of transmittal to the intendent of 
the capital shall be delivered to the applicants in order that 
they themselves, or some one in their name, should take it to 
the intendent of Habana. 

11. The intendent shall refer all the papers to the superior 
directive board, which, in his presence and in the presence of 
the Attorney- General, shall cause the package to be opened. 
If the documents found therein have been drawn in accordance 
with article 8 of this ordinance, the privilege shall be granted 
without further examination, and a copy of the resolution 
passed to this effect shall be sent to the Captain-General, to 
whom the applicant shall then address a petition drawn in 
accordance with No. 2, requesting him to issue in his favor and 
in my name a letter of privilege according to model No. 4. 

12. Before the letter is issued the applicant shall produce 
a receipt showing that the following fees have been paid by 
him to the board of commerce or promotion of public wel- 
fare, to-wit: 

For a privilege of five years $ 70 

For a privilege of ten years 210 

For a privilege of fifteen years 420 

For mere introduction 210 

One-half of these fees shall go to the board of commerce or 



Cuba 251 

promotion of public welfare, to be applied to the progress of 
the arts and industry, and the other half shall be sent to Spain 
to the conservatory at Madrid. 

An additional fee of $8 shall be paid for the issue of the 
patent. 

13. After the patent is issued, the governor will send a copy 
thereof to the intendant, and it shall be the duty of the latter 
to transmit to the board of commerce or promotion of public 
Avelfare, the documents in the case, properly sealed, and to re- 
port to me through my Secretary of Fomento, sending at the 
same time the portion 'of the fee corresponding to the Royal 
Conservatory of Arts, in which institution a record shall be 
made of the patent granted, according to the provisions of 
article 15. 

All the documents and papers relating to patents shall be 
kept in rooms properly arranged for this purpose in the office 
of the board of commerce or promotion of public welfare, and 
no package shall be opened except in case of litigation and by 
order of a court of competent jurisdiction. 

14. The concessions or privileges shall be published in the 
respective Diario del Gobierno and in the Gaceta de Madrid. 

15. A book shall be kept in the boards of commerce or pro- 
motion of public welfare, in which all the patents of privilege 
shall be recorded chronologically, with exception of the dates, 
names, and residence of the patentees, the object of the priv- 
ilege, and the time of its duration. This register shall be open 
to public inspection. 

16. Should the interested party come to this Kingdom and 
request a patent, either personally or through an attorney, he 
shall have to comply with the provisions of articles 6, 7, 8, 9, 
10, 11, 12, 13 and 14, of the royal decree of March 27, 1826, 
it being understood that the matter is to be transacted in the 
Department of Fomento and the council of the Indies, and 
that the time granted by article 4 shall be extended or short- 
ened at the discretion of the authorities according to the dis- 
tances and the object of the patent. 

17. The patentee shall enjoy the exclusive use of the in- 
vention, machinery, etc., for which the patent was granted, and 
no one shall have the right to use or put it into practice, either 
the entire object or any part thereof which he has declared to 



252 Cuba 

be new or not used in the district where it is to be introduced, 
without his consent. The identity of the invention is to be 
determined by the model, drawings, and description filed with 
the application, which shall serve at all times as evidence. 

18. The period of ownership of the invention shall be count- 
ed from the day and hour of the filing of the application 
and documents before the intendant; and if two or more per- 
sons have made application for patents for the same object, 
the patent shall be granted to the person who first made ap- 
plication. In case application is made by two or more per- 
sons, some of whom are in these Kingdoms and others in Cuba, 
Porto Rico, and the Philippine Islands, the patent shall be 
granted to all if no more than one month appears to have in- 
tervened between the dates of the applications in those islands 
and here. This period shall be extended to four months for 
those of the Philippine Islands. If the difference between the 
dates of application is greater, the patent shall be given to the 
first applicant. 

19. Patentees shall have the right to assign, transfer by 
gift, donation, purchase, or any other contract, and also by 
last will and testament, the privileges granted to them as any 
other kind of property. 

20. Assignments and transfers shall have to be made by pub- 
lic deed, which shall set forth whether the privilege has been 
transferred for the purpose of being put into practice in the 
whole district or in only one of the provinces or localities of 
the same ; also whether the transfer is absolute and in full ; 
w^hether the patentee shall or shall not use it himself, and 
whether the assignee shall or shall not have the right to trans- 
fer the patent to some one else in his turn. 

21. Assignees shall be bound to file a certified copy of the 
deed of assignment with the intendant before whom the ap- 
plication for the patent was originally filed; and he, after 
having caused the said deed to be recorded, shall forward it to 
the capital of the island and to the board of commerce or pro- 
motion of public welfare. The intendant shall also give notice 
of the transfer to my Secretary of Pomento, who will transmit 
the information thus given to him to the Royal Conservatory 
of Arts, where proper record shall be made of the said trans- 
fer in the manner and form specified in article 13. The trans- 



Cuba 253 

fer of the patent shall be null and void if the certified copy of 
the deed of transfer is not filed as above provided within sixty 
days after the date of execution. 

22. The duration of the privileges shall be counted from 
the date of the patent. 

23. Patents shall be terminated and become valueless in the 
following cases: 

(1) At the expiration of the period for which they were 
granted. 

(2)" When the interested parties do not apply for the royal 
letters of patents within three months, to be counted from the 
dates of the gtpplications. 

(3) When the patentee himself, or some one else in his 
name, has failed to put the patent into practice within the time 
fixed for that purpose. 

(4) When the patentee abandons the patent, total suspen- 
sion of the exercise of the patent for an uninterrupted period 
of one year and one day will be considered as abandonment. 

(5) \ATien evidence is produced that the object protected by 
a patent of introduction is in practice in some other district 
or is described in printed books, plates, models, drawings, etc., 
preserved in the city councils, boards of commerce, economical 
societies. Government archives, etc., without having passed the 
three years mentioned in article 6, and, finally, when it is found 
out that machinery or process protected by the patent and 
represented as new and a matter of invention of the applicant 
is established and in practice in some other part of the domin- 
ions of His Majesty or in foreign countries. 

24. At the expiration of the term of the patent the presi- 
dent of the board of commerce or promotion of public welfare 
shall give notice to the intendant of the capital of the island, 
who shall report the fact to the superior directive board, where 
a resolution shall be passed directing that the patent be can- 
celed. Information of these proceedings shall be transmitted 
by the said board to the Department of Fomento and through 
it to the Director o£ the Royal Conservatory. 

25. In all other cases of termination of a patent the dec- 
laration shall be made by the court of competent jurisdiction at 
the request of some interested party. The said court, upon 



254 Cuba 

consideration of the evidence produced before it, shall decide 
whether the patent has or has not been terminated. 

26. The courts of competent jurisdiction in these matters 
shall be the courts of the intendants in the respective Provinces. 
The petitions shall be filed before the intendant of the Prov- 
ince where the patentee is domiciled. The appeals against the 
decisions of the intendants shall be taken to the superior board 
for matters of contention and from this board to the council. 

27. As soon as a patent shall be terminated or is terminated 
for any of the reasons stated in article 23, the intendant shall 
give notice of the fact to the board of commerce or promotion 
of public welfare, which shall proceed to open the package con- 
taining the documents that were presented at the time when 
the application was filed. Everything shall then be made pub- 
lic, for which purpose the proper notice shall be printed in the 
Diario del Gobierno. 

28. As at the present time, and by virtue of the provisions 
of the Code of Commerce and other royal decisions, the board 
of commerce is now established in Habana, the said board shall 
continue to take care of the promotion of all the branches of 
public welfare in the island as was done before by the board 
w^hich was called "board of government." In Porto Rico the 
board of commerce and promotion of public welfare is to be 
established and organized according to the ordinance of Feb- 
ruary 17, 1882 ; and in the Philippine Islands the corporation 
which is to be established either under the provisions of the 
Code of Commerce and the ordinance of July 26, 1832, shall 
be competent to deal with all matters regarding the promotion 
of agriculture and industry in the archipelago. 

29. The patentee or his assignee shall have the right to prose- 
cute judicially all of their property. The competent author- 
ities to try these cases of infringement shall be the intendants 
of the Provinces where the defendants reside, and the appeals 
shall have to be taken to the superior board for matters of 
contention and from the latter to the council. 

30. Inventors who have obtained a privilege in these domin- 
ions or in Cuba, Porto Rico, or the Philippine Islands, shall 
have the right to use the same or put it into practice in any 
place whatever within my dominions, and shall have the right 
to sell or transfer it as provided in article 17, provided that 



Cuba 255 

they obtain from the council, within one year from the date of 
the patent, a permit to do so. After the expiration of the said 
year no one shall have the right to apply for a patent of intro- 
duction and put it into operation. 

31. Upon sufficient proof of the infringement the guilty 
parties shall be condemned to the loss of all the machines, ap- 
paratuses, utensils, etc., which have been used, and to the pay- 
ment of a fine of three times over and above the value of the 
patent, said value to be determined by experts. The amount 
to be paid by the infringer shall be given to the patentee. 

32. Patents granted before the present date shall continue 
to be in force without change. Those which have been granted 
subsequent to the provisions of a subsequent law shall be gov- 
erned by those of the present ordinance. 

Therefore I do hereby connnand, etc. 

Done at the Palace this 30th day of July, 1833. 

I, THE King. 
By command of the King, our Lord: 
]\Iateo de Aguero. 

Form No. 1. 

To the Intendant of the Province of : 



I, N. , a resident of , doing business as 



respectfully represent: That in order to secure proprietary 
rights on a machine (or instrument, or apparatus, etc.) which 
I have invented (or imported from abroad), to be used for 
(such and such purposes), and doing as commanded by His 
Majesty, I come before you and submit, together with this ap- 
plication, a sealed package, upon Avhich the following inscrip- 
tion has been affixed (copy the inscription here) ; and therefore 
I pray you to be pleased to cause the word ' ' Presentado " to 
be stamped upon the package, provide me with a receipt there- 
of, and refer the whole matter to the superior directive board 
(either directly or through me) for such action as may be 
proper under the law. 

Here the date and the signature of the applicant or of his» 
attorney. 



256 • Cuba 

Form No. 2. 

Most Excellent Sir: I, N. , a resident of , 

doing business as , respectfully represent : That in order 

to secure proprietary rights on a machine (apparatus, etc.) 
which he invented (or introduced from abroad), to be used 
for (such and such purposes), he now comes and appears, and 
in compliance AAdtli the law enacted on the subject by His 
Majesty, prays your excellency to be pleased to cause a pat- 
ent to be issued in His Majesty's name and in favor of your 
petitioner, granting him the corresponding privilege for the 
period of years. 

Date, signature, etc. 

Form No. 3. 

Application for royal letters patent of privilege filed by N. 
, a resident of , requesting the intendant of 



to do this and that (here a copy of the prayers of the appli- 
cation). 

Date, signature, etc. 

Here, at the foot of the above, the intendant shall write 
' ' Presentado " and affix his signature. 

Form No. 4. 

I, Don N. (here the name and titles of the governor). 

Whereas, Don N. (here the name, residence, etc., of 

the applicant) has stated to me, in his memorial of such a 
date, that in order to secure proprietary rights on machine 
(instrument, process, etc.) which he has invented (or has im- 
ported from abroad), to be used for such and such purposes 
(here the purposes as stated in the memorial), he desires that, 
as commanded by His Majesty, the proper letters patent of 
privilege be issued in his favor; 

Therefore, in use of the powers which are vested in me, and 
in the name of the King, our Lord (whom God may keep), I 

do hereby grant to the said Don N. , by means of this 

patent, the exclusive privilege to use, manufacture, or sell the 
said invention (instrument, etc.) for a period of time to be 
counted from the date of this patent to the of , 



Cuba 357 

A. D. , on which it shall terminate. And the said Don 

N. shall have the right to assign, or sell, or transfer, or 

convey by contract or last will the exclusive privilege which is 
hereby granted him. And in compliance with the commands 
of His Majesty, all persons are forbidden, under the penalties 
established by law, to interfere with said privilege. This pat- 
ent shall have to be recorded at the office of the Secretary of 
the Intendant and at the office of the board of commerce and 
promotion of public welfare, when the required fees shall have 
to be paid, the patent to be null and of no effect if said fees 
are not paid. 

Date, signature, seal, etc. 

No. 2. 

By royal order of January 17, 1873, the issue of patents of 
"introduction" was forbidden. 

No. 3. 

Civil order No. 196. 

Headquarters Department of Cuba, 

Hahana, Octoher 19, 1899. 
The Military Governor of Cuba directs the publication of 
the following order: 

I. The rules pertaining to the issuance of letters patent in 
the island of Cuba, as promulgated by royal decree of June 30, 
1833, are modified so as to substitute one sole term of seventeen 
years instead of the three terms contemplated by said decree. 

II. The Government fees as provided in said decree are 
abolished, and one uniform fee of $35 is substituted therefor. 

Adna R. Chaffee, 
Brigadier-General, Chief of Staff. 

No. 4. 

Announcement hy the Secretary of Agriculture, Industry, Com- 
merce, and Puhlic Works. 

The Military Governor of the island, at the suggestion of 
this Department, has been pleased to order, on the 7th instant, 
that the benefits of order No. 196 be extended to all those who 



258 Cuba 

from the 1st of January of the present year until this date 
have succeeded in obtaining the concession of patents, but have 
failed to get the patent certificate within the time fijKed by the 
royal ordinance of June 30, 1833. 

This is published in the Gaceta de la Habana for general 
information. 

Habana, November 12, 1899. 

Adolfo Saenz Yaner, 

Secretary. 

No. 5. 

Announcement hy the Secretary of Agriculture, Industry, Com.- 
merce, and Fuhlic Works. 

The honorable Secretary of this Department has been pleased 
to order that proper notice be given to all persons who are in 
possession of patents issued by the Spanish Government and 
admitted to be valid up to December 31, 1898, that in order 
to give them the protection to which they are entitled under 
article 13 of the treaty of peace between the United States and 
Spain, they must file in this Department, with the least pos- 
sible delay, the duplicates of the petitions, drawings, specifica- 
tions, and models which should be in their possession, thus en- 
abling the Department to compare their patents with others: 
from the United States of identical titles and subjects, the in- 
scription of which in this island has been requested, and de- 
cide as may be proper and just. 

This is published for general information. 

Habana, November 16, 1897. 

B. PiCHARDO, 

Assistant Secretary.. 

No. 6. 

Civil order No. 216, series of 1900. 

Headquarters Department of Cuba, 

Hahana, May 26, 1900. 
The Military Governor of Cuba, upon the recommendation, 
of the Secretary of Agriculture, Commerce, and Industries^, 
directs the publication of the following order: 



Cuba 259 

I. Notice is hereby given to all persons in legal possession 
of letters patent registered in Madrid, Spain, and extended to 
the island of Cuba, to exhibit the duplicates of models, plans, 
and specifications of their patents, or an authenticated copy 
of the same, together with a certificate that they are in force 
in Spain, in accordance with section 5 of the royal decree of 
August 14, 1880, within six months from the date of this or- 
der, in order to protect them from pending infringements. 

II. American patents already forwarded for registration and 
those that may hereafter be forwarded, will at once be entered 
in the special register in the office of the Secretary of Agri- 
culture, Commerce, and Industries conditionally, reserving the 
decision in regard to the definite inscription or absolute rejec- 
tion of such as are determined to be infringements in accord- 
ance with the proofs obtained, within the period of six months, 
as provided in Paragraph I of this order, upon the expiration 
of which period the inscription will be made in full, leaving 
to the parties concerned after that date, the right of settling 
their differences before courts of justice. 

J. B. HiCKEY, 

A ssistant Adjutant-General. 

No. 7. 

- Civil order No. 1^97, series of 1900. 

Headquarters Department of Cuba, 

Hahana, December 10, 1900. 

The Military Governor of Cuba, upon the recommendation 
of the Secretary of Agriculture, Commerce, and Industries, 
directs the publication of the following order: 

I. The requirements of order No. 216, series of 1900, from 
these headquarters, referring to American letters patent, are 
hereby extended to Cuban letters patent as well as to those 
granted by other nations; in consequence, letters patent for- 
warded for registration which may appear as infringing on 
Spanish patents, shall be entered in full in the register of the 
Department of Agriculture, Commerce, and Industries if, with- 
in the period of six months granted by said order No. 216, the 
owners thereof have not exhibited the duplicates of models, 



260 Cuba 

plans, and specifications of same for the necessary examination 
and decision in case of said infringement. 

II. The inscriptions in full of Cuban and foreign letters 
patent shall be made in every case as directed for American 
patents, leaving the right to the owners of Spanish patents to 
settle their differences before the courts of justice. 

J. B. HiCKEY, 

Assistant Adjutant-General. 
TRADE MARK LAW. 



Royal decree of August 21, 188Jf. 

PREAMBLE. 

Sire: Owing to the confusion and vagueness which for 
some time has been noticed in the important question of trade 
marks in the provinces beyond the seas, the necessity for re- 
vision of the law on that subject is keenly felt. Public opin- 
ion is strongly in favor of having the tobacco manufacturing 
industry in Cuba and Porto Rico efficiently protected. It is 
urgent that an end should be put to the insecurity resulting 
from the present state of affairs in the tobacco industry, in 
order that this industry, constituting wealth of such importance 
on account of the special conditions of the island of Cuba, be 
properly attended to and developed. All of this was known, 
sire, to one of my predecessors, who, after duly considering the 
suggestion made by certain manufacturers and the opinions of 
the proper advisory boards of the island, framed a bill which 
was introduced in the Cortes in the session of 1882-83. Unfor- 
tunately the bill, although recommended by the respective com- 
mittee and discussed and passed in the Chamber of Deputies, 
failed to secure consideration by the Senate owing to the fact 
of its adjournment. It might perhaps have been better to in- 
troduce again the same bill and proclaim it when passed; but 
the conditions now existing in Cuba are such that no delay can 
be countenanced if the great interests connected with the tobacco 
industry are to be saved from the ruin which also threatens 
industries of no less importance in the island. Fortunately 



Cuba 261 

for the undersigned minister, the law authorized him to recom- 
mend a measure Avhich shall put an end to those evils. The 
law of July 25th of the present year granted him, among other 
things, the power to adopt measures tending to protect in an 
efficient manner the tobacco industry in the two Antilles, and 
the minister who has now the honor to address Your Majesty 
considers that the greatest protection which may be given in 
this matter consists in securing for those who employ their 
capital and labor in the very important industry of the manu- 
facture of tobacco the perfect and unquestionable ownership 
of their products and trade marks. 

Founded upon this business, and duly complying at the same 
time with the provisions of article 11 of the law above men- 
tioned of July 25th ultimo, the colonial minister has the high 
honor of submitting to the approval of Your Majesty the fol- 
lowing draft of a decree. 

Sire: 

To the royal feet of Your Majesty. 

Manuel Aguirre de Tejada. 

royal decree. 

Taking into consideration the reasons set forth by the colo- 
nial minister and the opinion of the council of ministers, I 
have seen fit to decree the following: 

Title I. 
General provisions. 

Article 1. The following shall be considered trade marks 
and marks of commerce and agriculture: 

The names of the manufacturers, merchants, agriculturists, 
or companies formed by the same, the names of business houses, 
emblems, coats of arms, engravings, vignettes, marks, stamps, 
seals, stamps in relief, letters, numbers, envelopes, coverings, 
wrappings, or any sign of whatever class and form used by the 
merchant, agriculturist, or company to distinguish their prod- 
ucts or merchandise and secure them in order that the public 
may know and distinguish them from others of the same na- 
ture. 



262 Cuba 

Art. 2. The drawings or designs destined to be stamped on 
fabrics or on paper patterns to be used for decoration, models 
for jewelry, cabinetmaking, sculpture, and in general all in- 
dustrial drawings or models shall be comprised in this class 
and enjoy the benefits of this decree. 

Art. 3. Signs or other material or external designations by 
means of which a merchant distinguishes his own establishment 
from others of the same kind are not objects of this decree. 

Art. 4. All manufacturers, merchants, agriculturists, or 
business men of any other class who individually or collectively 
may wish to use the same mark to distinguish the products of 
their respective factories, articles of their commerce, agricult- 
ural raw material of their own production, etc., from all others 
of the same nature, and those who should wish to retain the 
ownership of industrial drawings and models shall have to 
ask for a certificate of ownership under the provisions of the 
present decree. 

Those who should fail to provide themselves with the said 
certificate, shall have no right to use any mark to distinguish 
the products of their industry or prevent other parties from 
using their stamps, industrial drawings, or models. 

Art. 5. Manufacturers, merchants, agriculturists, or busi- 
ness men of any kind shall be free to adopt for the products of 
their factory, commerce, or agricultural industry, the trade 
marks which they may deem advisable, excepting the following : 

1. The national coat of arms and the insignia and decora- 
tions of Spain, unless upon competent authority to that effect. 

2. The coats of arms, insignia, mottoes, etc., of foreign States 
or nations without the express consent of the respective Gov- 
ernments. 

3. The denominations generally used in trade to distinguish 
the class of merchandise. 

4. Any drawing or representation offending public morals, 
and caricatures tending to ridicule ideas, persons, or objects 
worthy of consideration. 

5. The marks already used by some one else under the au- 
thority of the proper certificate as long as the said certificate 
has not become void according to the provisions of the present 
decree. 



Cuba 263 

6. The marks which on account of their resemblance to other 
marks already granted may lead to confusion or error. 

7. Marks relating, to any kind of religious worship, if it ap- 
pears that the mark offends even unintentionally the said wor- 
ship. 

8. The portraits of living persons unless with their per- 
mission, and the portraits of dead persons if their relatives 
within the fourth civil degree do not make opposition. 

Art. 6. The use of trade marks is only obligatory for ar- 
ticles of gold and silver, chemical and pharmaceutical prod- 
ucts, and any other product or article to be determined by 
special rules. 

Title II. 
Ownership of trade marks and industrial drawings and models. 

Art. 7. No one shall have the right to enforce the OAvner- 
ship of trade marks or industrial drawings or models if he is 
not provided with the proper certificate and shows that he has 
complied with the provisions of the present decree. 

Art. 8. When two or more persons apply for the same mark 
the right to use it shall belong to the one who first filed the 
application according to the day and hour on which it appears 
that it was filed. 

Art. 9. No one shall have the right to request or acquire 
more than one trade mark for the same industry or the same 
class of products. 

Art. 10. Spanish manufacturers, merchants, agriculturists, 
or business men or companies composed of Spaniards shall be 
the only ones entitled to obtain a certificate of ownership of 
trade marks or industrial drawings or models. 

Foreigners owning in the ultramarine provinces industrial 
establishments shall enjoy for their products the benefits of this 
decree if they comply with its provisions. 

Art. 11. Foreigners residing outside of Spain shall have 
the right granted to them by the treaties concluded with their 
respective nations, and if there is no treaty, a strict reciprocity 
shall be observed. 



264 Cuba 

Title III. 

Legal effects of tlie certificates of ownership of trade marks 
and indMstrial drawings or models. 

Art. 12. Those who, in conformity with the provisions of 
this decree, should obtain a certificate of ownership of trade 
marks or industrial drawings or models shall have power — 

1. To criminally prosecute before the courts, subject to the 
provisions of the penal code and of the present decree, those 
Vs^ho should use their marks, industrial drawings, or models 
counterfeited or imitated in such a way as to cause them to be 
taken as genuine; those who should use marks containing in- 
dications capable of deceiving the purchaser about the nature 
of the product; those who, without competent authority, should 
use genuine trade marks or industrial drawings or models; and, 
lastly, those who, without counterfeiting the trade mark, de- 
tach it from some article and affix it to another. 

2. To bring civil action before the courts of justice to re- 
cover damages against those who have counterfeited or imi- 
tated the trade mark, industrial drawing, or model. 

3. To sue for damages the merchant who takes away from 
the article without the express consent of the owner the trade 
mark or distinctive sign affixed by him; but nothing shall pre- 
vent any person from adding to the trade mark another mark 
or sign of his own or of his establishment. 

4. To oppose the granting of a certificate of ownership of 
trade mark, industrial drawings, or models when requested if 
it prove to be equal to his ov/n or so similar to it as to cause 
the purchaser to be deceived. 

Art. 13. The granting of a certificate of ownership of trade 
marks, drawings, or models shall be always understood without 
prejudice to the right of third parties. 

Art. 14. Foreign articles with Spanish marks are forbidden, 
and they shall be confiscated upon their arrival at the custom- 
houses of Spain. This provision shall also apply to cases in 
which the marks are completely new, counterfeited, or simply 
imitated. The right of the owner of a trade mark to prosecute 
civilly and criminally the counterfeiter or imitator of his trade 
mark shall be always preserved. 



Cuba 265 

Art. 15. The property protected by the certificates of trade 
marks, industrial drawings, or models shall be considered for 
the purposes of transfer or conveyance and for all other pur- 
poses of law exactly on the same footing as all personal prop- 
erty. 

Criminal actions in this matter shall be barred by limitation 
in the manner and form established by the penal code. 

Aet. 16. For the better protection of the assignees of trade 
marks, industrial drawings and models, information shall be 
given to the governor-general of each island by the respective 
provincial governors of every transfer, whether by contract or 
by descent of the trade mark, drawing, or model. A certified 
copy of the deed of transfer or of the provision of the will by 
which it was conveyed, shall be filed within the period of three 
months, to be counted from the date of the transfer, and the 
deeds shall be recorded in the Royal Economical Society. 

Title IV. 
Extinction of the right of ownership of trade marks. 

Art. 17. The certificates of ownership shall become extinct 
and terminated at the expiration of fifteen years, to be counted 
from the date of their concession; but they may be renewed 
by exactly the same process as was followed for their acquisi- 
tion. 

Art. 18. The certificate shall also become extinct: 

1. By the dissolution or extinction of the corporation to 
which they belong. 

2. By final decision of a court of competent jurisdiction, 
though in this case the extinction refers only to the party 
against which the decision was given. 

3. Upon petition of the owner. 

4. When the object of the trade mark has not been put 
into operation in the Spanish dominions ^vithin the time estab- 
lished by this decree. 

5. When the owner has failed to exercise for one year and 
one day the industry or business to be protected by the trade 
mark, unless he proves that the suspension was due to superior 
force. 



266 Cuba 

6. By the failure to comply with all the other requisites 
established by this decree. 

Aet. 19. Applications for a certificate of ownership shall 
be dismissed if the formalities required by this decree are not 
duly observed within the thirty days subsequent to the date on 
Avhich they were filed, if the failure depends upon causes im- 
putable to the applicant. 

Art. 20. The declaration that a trade mark is extinguished 
under the provisions of article 18, Nos. 1, 3, 4, and 6, corres- 
ponds to the Colonial Secretary in case that the mark was 
granted for the colonial possessions; but notice to the director 
of the respective economical society is to be previously given. 
Against the decision of the Colonial Secretary a claim can be 
presented within twenty days before the section of the Council 
of State which is in charge of suits against the Government. 

When the extinction of the trade mark is founded upon fail- 
ure to work it for one year and one day, the declaration of the 
fact corresponds to the courts of justice, upon motion of a 
legitimate party. 

Corporations which by virtue of this decree may be owners 
of trade marks, may apply at any time for the declaration of 
extinction upon proper proof being filed for this purpose. Ques- 
tions arising in these cases in regard to the ownership or pos- 
session of the trade mark, shall be decided by the courts of 
justice, to which the executive authority shall send the rec- 
ord, giving notice thereof to the respective parties. 

Title Y. 
Formalities for issuing certificates. 

Art. 21. The ownership of trade marks recognized by this 
decree, shall be acquired by the certificate herein provided for 
and the compliance with all other provisions of the present 
decree. 

Art. 22. In order that the manufacturers may enforce the 
responsibility incurred by the infringers of their privileges, se- 
cured by a trade mark, they shall previously request the gov- 
ernors of their respective provinces to issue in their favor the 
corresponding certificate. The application shall be accompa- 
nied by a statement showing the class of mark adopted, the 



Cuba 267 

ciphers, letters, and signs of which the mark consists, the ar- 
ticles upon which it is to be stamped or affixed, and the name 
of the owner. A duplicate drawing exactly representing the 
mark shall also accompany the application. The same appli- 
cation shall have to be made when the desired certificate refers 
to the ownership of an industrial drawing or model. 

Art. 23. When the manufacturers desire to observe secrecy 
as to the methods employed in the stamping of the mark or in- 
dustrial drawing, they shall place a description of the meth- 
od and process in a sealed envelope which shall not be opened 
unless in case of litigation. 

Art. 24. The provincial governors shall keep a register, in 
which they shall enter: 

1. The day and hour on which the application is filed. 

2. The name of the interested party or his attorney. 

3. The profession, domicile, or business of the party claim- 
ing the ownership, and the class of articles, merchandise, etc., 
to which the mark or industrial drawing or model is to be 
affixed. 

4. A particular description of the trade mark, industrial 
drawing, or model to be covered by the certificate of ownership, 
this description to be accompanied by one of the drawings 
which the applicant has to file under the provisions of article 
22, shall be affixed. 

These entries shall be numbered in regular order and a du- 
plicate copy shall be niade of each one. 

Art. 25. Each application shall be kept with all other papers 
and copies of papers relating to the same subject, in order to 
form a complete record of the case. 

Art. 26. The provincial governors shall give to the appli- 
cants a certified copy of the entry made in the register under 
article 24, showing the date of the filing of the application; 
and within six days and under their responsibility they shall 
forward to the Governor- General the application and accom- 
panying documents, one of the copies to which article 24 refers 
and the duplicate of the drawing which, according to article 22, 
the applicant must present. 

Art. 27. T^pon the advice of the Royal Economical Society, 
which in its turn shall ask the municipal council of the city of 
Habana for an opinion, in matters relating to tobacco, cigars, 



268 Cuba 

cigarettes, and matches, upon the question whether the trade 
mark, industrial drawing or model has or has not been pre- 
viously used or whether it belongs to a third party, the manu- 
facturer shall be given a certificate showing that he has filed 
and registered his trade mark, industrial drawing, or model, 
the form and circumstances of the mark to be indicated with 
due precision and clearness. 

Art. 28. The applicant shall pay for the issue of the patent, 
under penalty of extinction of the privilege, $12.50 in the 
proper stamped paper, the stub of which shall be added to the 
record. The certificate shall be signed by the Governor-General 
and recorded in the register to be kept for that purpose in the 
Division of Industry and Commerce in the office of the general 
secretary. 

Art. 29. The copy of the drawing which, according to article 
26, the provincial governors have to forward to the Governor- 
General in order that the certificate may be issued to the inter- 
ested parties, shall be kept in the archives of the Royal Eco- 
nomical Society. A list of all the titles of certificates shall be 
published every three months in the Gaceta, and a general list 
of the same shall be published at the end of the year. In case 
of litigation the original drawing or the certified copy thereof, 
to which article 26 refers, shall be accepted before the compe- 
tent court. 

Art. 30. As the registration of foreign marks is to be regu- 
lated by international conventions concluded to that effect with 
the respective Governments, all the applications filed for that 
purpose shall be referred for the proper decision to the Gov- 
ernment of His Majesty. 

Art. 31. There shall be a special register kept, with all the 
formalities established in article 24, for the registration of 
marks belonging to foreigners not residents of the Spanish do- 
minions, and the entries made in that register shall set forth 
the name of the country where the industrial, commercial, or 
agricultural establishment of the owner of the mark, drawing, 
or model is situated, and also the diplomatic convention by 
which reciprocity in this matter has been established. 

Art. 32. The manufacturers, business men, merchants, or 
agriculturalists who, residing in the Spanish Peninsula or in 
the islands adjacent thereto, should like to secure in the trans- 



Cuba 269 

marine provinces the ownership of the marks which distinguish 
their trade marks, drawings, or models, shall, if their trade 
marks are authorized and recognized and if they themselves 
have been provided with the proper certificates of ownership 
issued in accordance with the laws regulating this matter, 
apply to the Colonial Secretary, stating their wishes and ap- 
pending to their application an authentic copy of their title 
papers and duplicate drawings, representing the mark, draw- 
ing, or model belonging to them. 

A copy of these papers shall be sent by the Colonial Secre- 
tary to the Governor-General of the island where the ownership 
of the mark, drawing, or industrial model is to be guaranteed 
in order that the rights of the interested parties shall be re- 
spected and protected according to the provisions of the present 
royal decree. They shall also have the right to apply directly 
or through their attorney to the governors-general of the prov- 
inces in which they desire the ownership of their marks, draw- 
ings, or models to be secured. 

Art. 33. The governors-general of the colonial possessions 
shall enter in a special register, in strict chronological order, 
both the applications filed before him directly by interested 
parties residing in Spain, the adjacent islands, or other colonial 
possessions and those which may be forwarded to them by the 
Colonial Secretary. In all cases they will give to the inter- 
ested parties, should they so desire, the proper certificate of 
receipt, and they shall publish the concession in the Gaceta of 
the capital, as provided by article 29. 

Art. 34. The ownership of the marks, drawings, and indus- 
trial models granted by the Secretary of Fomento shall become 
extinct in the colonial possessions on the same date on which 
the Conservatory of Arts published the extinction thereof in 
the Gaceta of Madrid. 

Art. 35. All persons domiciled in the colonial possessions 
who have obtained certificates of ownership for their marks, 
industrial drawings, or models in conformity with this decree, 
shall cause this right to be recognized in all the Spanish do- 
minions. For that purpose they shall file a petition addressed 
to the Governor-General setting forth their desire in this re- 
spect, and the Governor-General shall refer the application with 
his report and a copy of the certificate granted, as well as the 



270 Cuba 

drawings representing the mark, drawing, or industrial model, 
to the Colonial Secretary, who, according to the circumstances 
of the case, shall either refer the matter to the Secretary of 
Fomento or to the governors-general of the other possssions. 

Aet. 36. In issuing the certificates of ownership of trade 
marks the following shall be observed: 

1. That merchants asking for certificates referring to one 
and the same identical mark, although applied to different ob- 
jects, shall be furnished with a single certificate only, which 
shall set forth the different applications the trade mark may 
have. 

2. That manufacturers who desire to use different marks 
(although somewhat similar) to be applied to the same article 
for the purpose of distinguishing their respective qualities or 
for any other reason shall be granted a certificate for each 
change or variation made in the mark expressing the special 
use of each one, and they shall be required to pay the fees 
established in article 28 as many times as certificates are issued. 

3. That manufacturers requesting the use of trade marks 
for themselves or for their sons or partners, in case they have 
established themselves abroad, shall, if all the marks are actu- 
ally in use, be given as many certificates as there are marks; 
but the said certificates shall contain the name of the person 
in whose favor the certificate is issued, so that in case his father 
or partner retires from the business the name of the owner may 
be known. The fees established by this decree shall be as set 
forth in the article immediately preceding for each one of the 
certificates of issue. 

Title VI. 

The puhlication of trade marks, industrial drawings, or models 
and descriptions, drawings, or facsimiles of the same. 

Art. 37. The secretary of the Governor-General shall cause, 
during the second half of the months of January, April, June, 
and October, a list of all the certificates of trade marks, indus- 
trial drawings, or models granted during the previous quarter 
to be published in the official Gaceta. This publication shall 
clearly express the object of the trade mark. 



■ Cuba 271 

The provincial governors shall order, as soon as the said lists 
appear in the Gaceta, the same to be reprinted in the official 
bulletins or newspapers of the locality; and if there is none, 
they shall be made public by announcements or bills displayed 
in public places. 

Art. 38. The descriptions and drawings of trade marks, 
industrial dra^^^ngs, and models shall be exhibited and at the 
disposal of the public in the offices of the secretaries of the 
royal economical societies during the hours that the' presidents 
of the same may designate. 

Title VII. 

Penal provisions. 

Art. 39. The following shall be punished by Executive order 
with a fine from $15 to $45, without prejudice to the civil and 
criminal actions which may arise from their acts : 

1. Those who should use a trade mark, industrial drawing, 
or model wdthout having obtained the corresponding certificate 
of ownership. 

2. Those who, although legitimate owners of a trade mark, 
should apply it to articles different from those for which it was 
granted. 

3. Those who should detach from an article of merchandise 
the trade mark of the producer or owner without his express 
consent. 

4. Those who should use a mark after the lapse of ninety 
days subsequent to the publication of the present decree with- 
out having complied with the provisions of the same in its 
transitory articles. 

5. Those who should use a trade mark transferred to them 
without having proved and entered the transfer within a period 
of ninety days. 

Failure to pay these fines shall subject the delinquent party 
to imprisonment at the rate of one day for each dollar of the 
fine. 

Art. 40. The following shall be punished with a fine of from 
$45 to $135, and to imprisonment as established abovein case of 
failure to pay the fine: 

1. Those who should commit a second offense, this fact to be 



272 Cuba 

established by proof that they were punished for the same 
offense during the five preceding years. 

2. Those who should use a trade mark forbidden by law. 

Art. 41. The provisions of article 228 of the Penal Code 
in force in Cuba and Porto Rico shall be applicable to those 
who should use counterfeited marks imitating in such way the 
genuine ones, that the consumer may be led into error or con- 
fusion. 

Art. 42. Those who should change wholly or in part their 
own trade marks, industrial drawings, or models without re- 
questing and obtaining due authority to do so, shall forfeit 
their ownership of a mark. 

Art. 43. The action to denounce the violations of this decree 
shall be public. 

Title VIII. 

Competent jurisdiction in matters of trade marks. 

Art. 44. The service relating to the ownership of trade 
marks shall be in charge of the civil governors of the trans- 
marine provinces, under the dependency of the respective gov- 
ernors-general. 

It shall be the duty of the ci^dl governors: 

1. To keep a register of trade marks, drawings, etc. 

2. To take cognizance of all cases of application for a trade 
mark, and matters incident thereto, and submit them with their 
report to the governor-general. 

3. To enforce the decisions of the superior authority. 

4. To reprint in the Official Bulletins or in the newspap^ers. 
of their respective localities, and if there is no bulletin or news- 
paper to give publicity by means of announcements or bills, to 
be posted where they may be seen by all, to the lists of cer- 
tificates of ownership of trade marks granted by the Govern- 
ment during the preceding quarter, as soon as said list appears 
in the Gaceta. 

It shall be the duty of governors-general : 

1. To decide all cases of applications for trade marks and the 
matters incidental thereto, including those which under the 
Penal Code give rise to a criminal action. 

2. To issue the certificates of ownership of the trade marks.. 



Cuba 273 

3. To inspect the service and registration of trade marks. 

4. To decide when and in what cases the penalties established 
by articles 39 and 40 are to be imposed, and communicate their 
decisions to the governor of the province, in order that he may 
enforce them, and give the proof thereof by forwarding, within 
the next fifteen days, the stubs or portions of the stamped 
papers with which the fines were paid. 

5. To see that the present decree be faithfully complied 
with. 

6. To recommend to the Colonial Secretary the measures of 
general character which may be useful to take for the better 
execution of this decree. 

It shall be the duty of the Colonial Secretary: 

1. To decide, on appeal, all cases of trade marks taken to 
him. 

2. To decide finally and without recourse all claims against 
the Governors-General • arising out of fines imposed by them, 
provided that the complaint is made -within sixty days from 
the date of the imposition of the fine. This period of sixty days 
shall not admit of extension. 

3. To make and promulgate proper rules for the execution 
of this decree, and take all other measures of general character 
which may be deemed necessary. 

The division of the Council of State vested with the power 
to act as a tribunal in cases to which the Government is a party, 
shall take cognizance of the claims filed against the Colonial 
Department under the provisions of Title IV of the present 
decree. 

Art. 45. Questions in regard to the ownership and posses- 
sion of trade marks shall fall under the jurisdiction of the ordi- 
nary courts of justice, and the action of the executive author- 
ities shall be confined to the exhibition of the drawings of the 
trade mark and to the recognition, in due time, of the rights 
of ownership of the party in whose favor the decision of the 
court has been rendered. The trade mark shall not become 
extinct by the action of time during the litigation. 



274 Cuba 

Title IX. 
Transitory provisions. 

Art. 46. Manufacturers, merchants, agriculturists, or the 
companies formed by them, who may have been using a trade 
mark without first securing the certificate of o^^^lership, shall 
have to ask for it within ninety days, to be counted from the 
date of the present decree, and to abide, furthermore, by the 
provisions of the same. 

Art. 47. The registration of the trade marks made in strict 
compliance with the provisions of the decree of March 8, 1880, 
and of the royal order and regulations of March 31, 1882, shall 
be valid for the effects of article 12 of the present decree. 

Notwithstanding this, and in order to secure uniformity for 
the registration of trade marks, the interested parties shall have 
to come again within one year— a period which shall not be 
extended— and apply for a new registration, in the manner and 
form established by article 11 of the aforesaid regulations of 
March 31, 1882. 

Art. 48. The failure on the part of any person or company 
referred to in the two preceding articles to apply for the cer- 
tificate of registration as therein directed, shall be construed as 
a waiver or renouncement of the right to do so, and the owner- 
ship of the trade mark shall be granted to whomever may come 
and ask for it. 

Art. 49. In order to secure that the collection of trade marks, 
drawings, etc., to be kept in the royal economical societies be 
as complete as desired, all merchants, manufacturers, agricul- 
turists, business men, etc., Avho are in lawful possession of a 
trade mark, shall have to forward to the respective society 
within the period of ninety days, two copies of their respective 
marks. The failure to do so shall render them liable to the fine 
established by article 39. 

Art. 50. The Government shall publish such rules as may 
be necessary for the execution of this royal decree. 

Art. 51. All previous laws and regulations which may be in 
opposition to the present royal decree are hereby repealed. 

Art. 52. The Government shall endeavor to secure the recog- 
nition by foreign governments of the ownership of the Cuban 
trade marks, either by including it in the commercial treaties 



Cuba 275 

which may be concluded by it, or by special conventions to that 
effect. 

Art. 53. The Government shall report to the Cortes the pro- 
mulgation of this royal decree. 
Done at EI Ferrol on the 21st day of August, 1884. 

Alfonso. 
By the King: 

Manuel Aguirre de Tejada, 

Colonial Secretary. 

II. 

Civil order No. 511. 

Headquarters Department of Cuba, 

Hahana, December 18, 1900. 
The Military Governor of Cuba, upon the recommendation 
of the Secretary of Agriculture, Commerce, and Industries, 
directs the publication of the following order: 

I. Paragraph 2, article 36, of the royal decree of the 21st 
of August, 1884, referring to concession and use of trade marks 
in the island of Cuba, is hereby annulled. 

II. In place and stead of said paragraph, the folloging is 
hereby declared to be in force from and after the date of the 
publication of this order: 

Manufacturers, merchants, agriculturists, and industrials ap- 
plying for registration of the same marks having distinguishing 
minor details, with the object of pointing out the various 
classes and grades of one product, or for any other motive, shall 
be furnished with a certificate of registration for each varia- 
tion of the mark, stating their special use, and charging them 
the corresponding fees ($12.50 United States currency) for 
each certificate issued. 

H. L. Scott, Adjutant-General. 

III. 

Civil order No. 512. 

Headquarters Department op Cuba, 

Hahana, Decemher 19, 1900. 
The Military Governor of Cuba, upon the recommendation 



276 Cuba 

of the Secretary of Justice, directs the publication of the fol- 
lowing order: 

I. Paragraph 1, article 12, of the royal decree of August 
21, 1884, is hereby amended by adding at the end thereof the 
following : 

"Those who should buy or sell receptacles stamped in a per- 
manent manner with a trade mark, which is registered in the 
name of another person, except when the sale is made to the 
latter person or his authorized agent ; and those who should use 
such receptacles, and fill them for the purpose of sale with 
articles of the same or similar nature. In such cases the re- 
ceptacles shall be seized, and the infringer shall forfeit them to 
the benefit of the owner of the trade mark." 

II. Article 287 of the penal code is hereby amended by 
adding to the end thereof the following: 

' ' The same penalty shall be incurred by those who buy or sell 
receptacles stamped in a permanent manner with a trade mark 
which is registered in the name of another person, or who use 
such receptacles, placing therein for sale the same or similar 
products as those for which said receptacles are used by the 
owner of the trade mark. In such cases the receptacles shall 
be seized, which the infringer shall forfeit to the owner of the 
trade mark." 

III. This order shall take effect January 1, 1901. 

H. L. Scott, 
Adjutant-General. 

TRANSLATION OF THE PENAL CODE IN FORCE IN CUBA AND PORTO 

RICO. 

Art. 287. The counterfeiting of seals, marks, tickets, or 
countersigns which industrial or commercial establishments 
make use of, shall be punished with imprisonment at hard 
labor (presidio correccional) in its minimum and medium de- 
grees. 



Cuba 277 

IV. 

Civil Order No. 18. 

Headquarters Department op Cuba, 

Hahana, January 11, 1901. 
The Military Governor of Cuba, upon the recommendation 
of the Secretary of Agriculture, Commerce, and Industries, 
directs the publication of the following order: 

I. Article 28, of the royal decree of August 21, 1884, re- 
ferring to concession and use of trade marks in this island, is 
hereby amended to read as follows: 

"Art, 28. The petitioner shall pay for fees, on the issuance 
of the title of ownership, $12.50 United States currency. Said 
payment shall be made at the proper office of finance within 
a term of thirty days from the date of the notification of the 
concession of the trade mark, design, or industrial model to the 
party concerned, under the penalty of forfeiture, presenting at 
the Department of Agriculture, Commerce, and Industries the 
documents attesting such payment, so that said Department 
may issue the title mentioned, which shall be entered on the 
register opened for this purpose at the Bureau of Commerce 
and Industries of said Department." 

II. A term of forty-five days from the date of publication 
of this order is hereby granted to those who having obtained 
in Cuba concessions of trade marks, designs, or industrial mod- 
els are not in possession of the corresponding title of ownership 
to apply for them at the Department of Agriculture, Commerce, 
and Industries, and pay thereon, upon delivery, the proper 
fees, as prescribed by regulations, under the penalty of for- 
feiture. Those using trade marks, designs, or industrial mod- 
els without the corresponding title of ownership will pay the 
fine which they may have incurred, in accordance with the 
provisions of Paragraph I, article 39, of the royal decree of 
August 21, 1884. 

H. L. Scott, Adjutant-General. 



278 Cuba 

V. 

Civil Order No. 105. 

Headquarters Department of Cuba, 

Bahana, April 19, 1901. 

The Military Governor of Cuba, upon the recommendation 
of the Secretary of Agriculture, Commerce, and Industries, 
directs the publication of the following order: 

Article 10 of the royal decree of August 21, 1884, governing 
the concession and use of trade marks in this island is hereby 
amended to read as follows: 

"Art. 10. The certificate of ownership of any mark, design, 
or industrial pattern can only be obtained, for the purposes of 
this decree, by manufacturers, merchants, agriculturists, or by 
persons engaged in any other industry, whether they be Cubans 
or foreigners established in Cuba, and also by companies com- 
posed of any of such persons." 

J. B. HiCKEY, 

Assistant Adjutant-General. 
VI. 
Civil Order No. 160. 

Headquarters Department of Cuba, 

Hahana, June 13, 1901. 

Under instructions from the Secretary of War, the Military 
Governor of Cuba directs the publication of the following order : 

1. The rights of property in patents copyrights, and trade 
marks duly acquired in Cuba, the Isle of Pines, and the island 
of Guam pursuant to the provisions of Spanish law and exist- 
ing in one or all of said islands on April 11, 1899, shall con- 
tinue unimpaired for the period for which they were granted, 
and the owner or owners thereof shall be protected and their 
rights therein maintained: Provided, That the original or a 
duly certified copy of the patent or of the certificate of regis- 
tration of the trade mark or copyright is filed in the office of 
the governor of the island wherein such protection is desired. 

The certificates of registration of trade marks issued prior 
to April 11, 1899, by a Spanish provincial registry or the Na- 



Cuba 279 

tional Registry of Spain, at Madrid, or the International Regis- 
try at the Bureau of the Union for the Protection of Industrial 
Property, at Berne, Switzerland, shall receive such recognition 
and credence as were accorded them in said islands under Span- 
ish sovereignty; and an original certificate or duly certified 
copy thereof shall be received and filed in the office of the 
governor of the island for all purposes connected Avith this 
order without further or other certification. 

2. The rights of property in patents, including design pat- 
ents granted by the United States, and in trade marks, prints, 
and labels duly registered in the United States Patent Office 
and in copyrights duly registered in the office of the Librarian 
of Congress shall be maintained and protected by the govern- 
ment of civil affairs in the islands above named: Provided, 
That a duly certified copy of the patent or of the certificate of 
registration of the copyright, trade mark, print, or label is filed 
in the office of the governor of the island wherein such protec- 
tion is desired. 

3. An infringement of the rights protected by compliance 
with the pro\asions of this order shall subject the person, firm, 
association, or corporation guilty of such infringement to the 
civil and penal liabilities created and imposed by such of the 
laws of Spain relating to said matters as remain in force in 
said islands. 

4. Such provisions of existing orders as are in conflict with 
this order are hereby revoked. 

Edwakd Carpenter, 
First Lieutenant, Artillery Corps, Aid-de-Camp. 

PROVISIONS RESPECTING PATENTS AND TRADE 

MARKS. 

I. 

Circular No. 12. 

Division of Customs and Insutlar Affairs, 

War Department, 
Washington, April 11, 1899. 
The following is published for the infonnation and guidance 
of all concerned: 



280 Cuba 

In territory subject to military government by the military 
forces of the United States owners of patents, including design 
patents, which have been issued or which may hereafter be 
issued, and owners of trade marks, prints, and labels, duly 
registered in the United States Patent Office under the laws of 
the United States relating to the grant of patents and to the 
registration of trade marks, prints, and labels, shall receive the 
protection accorded them in the United States under said laws; 
and an infringement of the rights secured by lawful issue of a 
patent or by registration of a trade mark, print, or label shall 
subject the person or party guilty of such infringement to the 
liabilities created and imposed by the laws of the United States 
relating to said matters: Provided, That a duly certified copy 
of the patent or of the certificate of registration of the trade 
mark, print, or label shall be filed in the office of the governor- 
general of the island wherein such protection is desired: And 
provided further, That the rights of property in patents and 
trade marks secured in the islands of Cuba, Porto Rico, the 
Philippines, and other ceded territory to persons under the 
Spanish laws shall be respected in said territory the same as if 
such laws were in full force and effect. 

G. D. Meiklejohn, 
Acting Secretary of War. 

11. 

Circular No. 21. 

Division of Customs and Insular Affairs, 

War Department, 
Washingon, D. C, June 1, 1899. 
The following is published for the information and guidance 
of all concerned: 

Parties who desire protection in territory under government 
of the military forces of the United States for patents, trade 
marks, prints, or labels, as provided in circular No. 12, Division 
of Customs and Insular Affairs, War Department, should for- 
ward a certified copy of the patent or of the certificate of 
registration of the trade mark, print, or label, together Avith 
a letter of transmittal to the governor-general, requesting that 
such copy be filed in his office for reference. 



Cuba 281 

Upon the receipt of such certified copy the governor-general 
will, issue his formal receipt therefor and forward it to the 
party filing the same. 

A fee of $1 will be charged for filing such copy, and should 
be inclosed with the letter of transmittal to the governor- 
general. 

The requirements for filing under the provisions of circular 
No. 12, above referred to, apply only to patents duly issued and 
to trade marks, prints, or labels duly registered in the United 
States Patent Office, under the laws of the United States. The 
only certification required is that issued by the Commissioner 
of Patents. Communications should be addressed to the Gov- 
ernor-General of Cuba, Habana, Cuba, or Governor-General of 
Porto Rico, San Juan, P. R., or Governor-General of the Philip- 
pine Islands, Manilla, P. I. 

G. D. Meiklejohn, 
Assistant Secretary of War. 

III. 

Circular No. 34 . 

Division of Customs and Insular Affairs, 

War Department, 
Washington, Septemher 25, 1899. 

The following is published for the information and guidance 
of all concerned : 

So much of circular No. 21, of the Division of Customs and 
Insular Affairs, War Department, dated June 1, 1899, as re- 
quires the payment of a fee for filing certified copies of patents 
or certificates of registration of trade marks, prints, or labels 
is hereby rescinded. 

Said circular No. 21 is hereby further amended by the addi- 
tion thereto of the following paragraphs: 

"A power of attorney from the owner thereof, authorizing 
another, for him and in his name, place, and stead, to file a 
certified copy of a patent or a certificate of registration of a 
trade mark, print, or label must be filed with such certified 
copy or certificate of registration in each of the islands wherein 
the protection of such patents, trade marks, prints, or labels is 
desired. 



282 Cuba 

''Assignments of patents, trade marks, prints, or labels, or 
certified copies thereof, must be filed in the same manner as 
herein provided for filing certified copies of patents and cer- 
tificates of registration of trade marks, prints, or labels." 

G. D. Meiklejohn, 
Assistant Secretary of War. 



IV. 

• Circular No. 38. 

Division of Customs and Insular Affairs, 

War Department, 
Washington, March 9, 1900. 
The following is published for the information and guidance 
of all concerned: 

So much of circular No. 34, Division of Customs and Insular 
Affairs, as rescinded the provisions of circular No. 21, same 
series, relating to fees is hereby revoked. 

Said circulars, except so much of circular No. 34 as is hereby 
revoked, shall, on and after this date, be given full force and 
effect in Cuba, Porto Rico, and the Philippine Islands. 

G. D. Meiklejohn, 
Acting Secretary of War. 



y. 

Headquarters of the Division of Cuba, 

Eahana, May IJf, 1900. 
Whereas the portion of circular No. 34 of the division of 
Customs and Insular Affairs of the War Department, relating 
to fees has been repealed, all that is provided in circular No. 21 
of the same division remains, therefore, in force. The fee of 
$1, in the currency of the United States, shall thus be paid for 
each certificate of patent, or of trade mark, engraving, print, 
etc., asked to be inscribed. The fee shall be inclosed in the 
petition. 



Cuba 283 

VI. 

Headquarters Department of Cuba, 

Hahana, Maij 13, 1902. 

Whereas the seventh clause of tlie transitory rules contained 
in the constitution adopted by the constitutional convention of 
Cuba provides as follows: 

''All laws, decrees, regulations, orders, and other rulings 
which may be in force at the time of the promulgation of this 
constitution shall continue to be observed in so far as they do 
not conflict with the said constitution, until such time as they 
may be legally revoked or amended;" and 

Whereas certain of the laws, decrees, regulations, orders, and 
other rulings made and promulgated by the Military Governor 
of Cuba and now in force are in terms specifically applicable 
and apparently limited to the military government and the 
officers thereof : 

Now, therefore, to the end that the foregoing provision may 
be fully operative, and that none of the matters and things to 
which said laws, decrees, regulations, orders, and rulings relate 
shall be, or appear to be, without regulation and control after 
the termination of the military government and pending action 
thereon by the government established under the said constitu- 
tion when the same shall have taken effect: 

It is hereby declared and ordered that each of the said laws, 
decrees, regulations, orders, and other rulings made and pro- 
mulgated by and under the military government of Cuba shall 
be deemed to be general and continuing in its character, and 
to be applicable to and binding upon all officers of the Govern- 
ment of Cuba, under whatsoever names or titles, who shall 
succeed the officers of the military government, and to continue 
in force and effect under whatsoever government shall exist in 
Cuba until such time as it may be legally revoked or amended 
pursuant to the provisions of the constitution aforesaid. 

Leonard Wood, 
Military Governor. 



384 Cuba 

yii. 

Decree of the Cuban Government on American Patents. 

[Gaceta de la Habana of June 23, 1902.] 

Department of Agriculture, 
Commerce, and Industries, 

Hahana, June 21, 1902. 

The military government of the United States having ended, 
by virtue of which, according to the express text thereof, circu- 
lars Nos. 12 and 21, of April 11 and June 1, 1899, respectively, 
of the Division of Customs and Insular Affairs of the War 
Department, Washington, relative to the registration of Amer- 
ican brands and patents, are without value or effect, inasmuch 
as said circulars were issued for the territories subject to mili- 
tary government by the military forces of the United States, 
I have resolved that patents and brands of all kinds, prints, 
labels, and trade marks registered in the Patent Office of the 
United States, the deposit of which, for their protection in this 
island, is requested in the future, shall, from this day on, be 
registered in the Department under my charge, if same is 
proper, through the medium of the same procedure followed 
for the registration of those of other countries and payment of 
$35 currency for patents and $12.50 currency for brands, prints, 
etc., or, that is, the same fees paid for all others, domestic and 
foreign, instead of $1 currency, fixed by the said circular No. 
21, with respect to those of the United States. 

This is published in the Gaceta de la Habana for general 
information. 

Emilio Terry, 
Secretary of Agriculture, Commerce, and Industries. 



Dominican Eepublio 285 

DOMINICAN REPUBLIC. 

LEGISLATION ON PATENTS AND TRADE MARKS. 

Although the Constitution of the Dominican Republic guar- 
antees the ownership of discoveries and scientific, artistic, and 
literary productions, no special law has been enacted providing 
for the manner of granting patents or regulating the use to be 
made of trade marks. 

In default of such a law, the necessity of attending to the 
frequent applications of inventors and merchants and industrial 
people has caused the Government to adhere, as closely as per- 
mitted by local circumstances, to the best rules and practices 
observed in this matter in the most civilized countries. 

Acting in this way, exclusive privileges are granted tempo- 
rarily for all classes of inventions, and the exclusive use of 
trade marks is also authorized for certain limited times, pro- 
vided that the applicant should comply with certain requisites 
and pay certain fees. 

The matter of patents and trade marks is now in charge of 
the Department of Fomento, to which all applications on the 
subject, accompanied with the necessary documents, should be 
addressed. 

No special penalty has been established for punishing in- 
fringements. The general provisions of the Civil Code shal] 
prevail in the matter. 

A law is now in preparation which is expected to meet all 
the requirements of the case in respect to patents and trade 
marks. 



286 Ecuador 

ECUADOR. 

PATENT LAW OF NOVEMBER 3, 1880. 

The Congress of the Eepublic of Ecuador consider that it 
is important to regulate the mode and form of grant of pat- 
ents of invention in order to avoid their being transformed 
into a species of monopoly and to facilitate the acquisition of 
them if useful to science, art, and industry. It is decreed— 

Article 1. The law assures to every inventor the full and 
entire enjoyment of his own invention, provided that it be not 
contrary to the laws or good morals. 

Art. 2. The following shall be considered as inventions: 
The means or methods Avhich may be discovered for the im- 
provement of any manufacture or industry. 

Art. 3. The following shall not be considered as inventions : 
Those which consist in theoretical modifications or objects of 
pure ornament. 

Art. 4. The State shall have power to buy for public use 
the secret of any invention useful to industry. 

Art. 5. To assure the author of an invention or of an im- 
provement the enjoyment of his exclusive property, a patent 
is to be conceded to him of which the duration shall not be 
less than ten years or more than fifteen. 

Art. 6. It is unlawful to grant patents to inventors of 
secret remedies; they ought to publish the composition of these 
under the reserve of a just indemnity. 

Art. 7. The introducers of machines or of new methods of 
manufacture or industry unknown heretofore in the Republic 
will have the right of obtaining exclusive patents, which will 
be conceded upon the following scale : 

Art. 8. If the establishment of the machine or industry im- 
ported requires a capital or an advance of 25,000 pesos, the 
patent will be granted for three years ; if this capital be raised 
to 50,000 pesos, it will be granted for six years; and if the 
same capital amounts to 100,000 pesos or more, it will be 
granted for ten years. 

Art. 9. The patent conceded to introducers of machines or 



Ecuador 287 

of novel methods of manufacture or of industry already known 
and employed abroad will only effect for the locality where the 
machine will be worked or the territory necessary for its ex- 
ploitation. 

MANNER OF OBTAINING PATENTS OF INVENTION^ IMPROVEMENT, 
OR IMPORTATION. 

Art. 10. The applicant for a patent in any one of these 
classes must present to the Executive an application in which 
he will explain what the invention or improvement consists 
in, reserving to himself the secret of the method of the sub- 
stances or of the ingredients of which he makes use or of the 
instrument Avhich he employs. This application must be ac- 
companied by a specimen of the article, of the metal Avorked, 
or of the improved invention. 

Art. 11. When an application is made for a patent of im- 
portation the interested party will add to his application draw- 
ings or models of the machine which he proposes to establish 
or a detailed specification describing the principles, methods, 
and processes of the industry which he desires to establish in 
the territory of the Republic, as well as the product which 
he proposes to manufacture. 

Art. 12. The Government will then name a commission of 
three competent persons to judge of the matter and examine 
the process or secret constituting the invention, improvement, 
or importation. 

Art. 13. This commission will be always presided over by 
the political chief of the canton where the patent is to be 
worked ; and if the patent be taken for the entire Republic, by 
the chief of the canton where the application shall be pre- 
sented and by two members of the municipal council, who 
will proceed to the examination of the matter set forth in the 
preceding article. 

Art. 14. The two members of the municipal council and 
the three members of the commission named by the Govern- 
ment will take before the same political chief an oath not to 
reveal the secret of the invention or improvement and to 
conscientiously perform their mission. 

Art. 15. The commission and the two members of the 
municipal council will then discuss (the interested party not 



288 Ecuador 

being present) the advice which they ought to present, taking 
care to set forth all the divergencies of opinion which may 
occur between themselves. 

Art. 16. The advice or report mentioned in the preceding 
article will be remitted under sealed cover with ''communica- 
tion reservie" to the Minister of the Interior. In the same 
envelope will be inclosed the description of the manufacture, 
machine, or other details which constitute the invention, the 
improvement, or importation. 

Art. 17. Within a maximum period of three months after 
the receipt of the report of the commission charged to examine 
the invention, improvement, or importation of the new in- 
dustry, the Executive power will remit to Congress the papers 
furnished by the applicant as well as the report cited above. 

The Congress after examination will concede or refuse the 
patent. In the first case it will return the papers presented 
by the Executive power, and the latter will send the patent 
upon stamped paper of the tenth class and caused to be reg- 
istered at the Ministry of the Interior the application or 
specification spoken of in article 11. 

Art. 18. In order to avoid the abuse which owners of pat- 
ents can make of their patents, the Government will declare 
upon the same that it does not guarantee either the reality, the 
merit, or the utility of the invention, improvement, or importa- 
tion, and that the interested party will work the same at his 
own risk and peril. 

Art. 19. The owner of a patent who shall desire to make 
changes in his invention or in his original application before 
obtaining his patent or before the expiration of the term of his 
patent must make a declaration in writing accompanied by the 
description of his new methods in the form and fashion pre- 
scribed in article 10 in order to obtain a corresponding alter- 
ation in his patent of which the duration shall not in the mean- 
tin je be prorogued. 

THE RIGHTS OF OWNERS OF PATENTS. 

Art. 20. The owner of a patent shall enjoy exclusively the 
benefit of an invention, improvement, or importation made the 
object of his patent. 

Art. 21. He shall have the right of forming establishments 



Ecuador 289 

in all parts of the Republic, if his invention is taken for the 
whole extent of it or all of the localities to which he shall be 
limited or to authorize parties to employ his methods as Avell 
as to dispose of his right as personal property. 

Art. 22. The owner of a patent shall not be able to assign 
it in whole or in part except by a notrial act under pain of 
losing all rights to his patent. 

Art. 23. In case of an interference or doubt between the* 
authors of two applications, the priority of application for a 
patent shall be decided by the certificate of the Under Secre- 
tary of State for the Interior, who shall inscribe the date and 
hour of the presentation of the respective applications. 

ON THE duration OF PATENTS. 

Art. 24. The duration of patents of invention, improve- 
ment, or importation shall commence to run from the date of 
the decree of their grant. 

Art. 25. The letters patent once accorded by the Govern- 
ment shall be registered in a special book at the Ministry of the 
Interior. At the same ministry shall remain also filed until 
the expiration of the term of the patent the original applica- 
tion, the specification, and other papers spoken of in article 
10. 

Art. 26. The grant of patents shall be communicated offi- 
cially by the Minister of the Interior to the governors of the 
cantons and published in the Official Journal, it shall also be 
transcribed in the collections of laws and decrees. 

CONCERNING THE RIGHTS OF THE NATION AT THE EXPIRATION OF 
THE TERM OF THE PATENT. 

Art. 27. When the term of duration of a patent has ex- 
pired the invention, the improvement, or the importation of 
the new industrial process for which such patent has been 
granted will become public property. 

Art. 28. At the expiration of a patent the specification and 
other documents mentioned in article 10 will be published and 
deposited in the Public Library of the capital of the Republic. 

Art. 29. When a patent shall be declared void from any 



290 ECUADOE 

of the causes mentioned in the law, it shall likewise be pub- 
lished and deposited in the Public Library with the object 
mentioned in article 27. 

Art, 30. The Government will print the specifications and 
drawings required for the understanding of the process when 
it shall become public property, and will forward a sufficient 
number of copies to the governors of Provinces. 

CONCERNING GUARANTEES FOR THE PATENT AGAINST FRAUD. 

Art. 31. The patentee, if he can show sufficient cause, may, 
by provisional mandate, require the sequestration of machinery, 
instruments, or products used or manufactured in infringe- 
ment of his rights, observing with regard thereto the provis- 
ions of the laws as in force. 

Art. 32. The proprietor of such goods shall, if proved 
guilty of fraud, be condemned to the confiscation of the goods 
seized, for the benefit of the patentee, and also to the payment 
to the latter of damages and interest in proportion to the im- 
portance of the fraud. 

Art. 33. If the offense be not proved the (patentee) plaint- 
iff shall pay the defendant for the damages caused by the seiz- 
ure, and, further, a fine equal to that which would have been 
imposed on the defendant if he had been convicted of fraud. 

Art. 34. If the patentee be disturbed in the exercise of his 
exclusive rights he may bring any persons so disturbing him 
before the ordinary tribunals by which the penalties provided by 
the preceding articles may be imposed. But if he shall raise any 
discussion as to the validity of the patent, judgment must be 
given by the administration in the person of the Minister of 
the Interior. 

Art. 35. In case of dispute between two patentees, with re- 
gard to two exactly similar inventions, the patent first granted 
shall be considered valid. 

Art. 36. The second patentee shall in this case be consid- 
ered as improver of the invention. 

CONCERNING GUARANTEES FOR THE NATION AGAINST ABUSES BY 

THE PATENTEES. 

Art. 37. Shall be declared void, all patents granted for an 



Ecuador 291 

invention, improvement, or importation which the tribunals 
shall condemn as contrary to the laws of the State, to public 
safety, or to police regulations. The patentee will in this case 
forfeit all claim to an indemnity. 

Art. 38. The patents shall also be declared to have become 
extinct in the following cases: First. If the inventor be 
proved to have concealed in his specification the true method 
of working his invention. Second. If the inventor be proved 
to have used secret processes which have not been detailed in 
his specification nor in the declaration which, by article 19, 
he is allowed to make to modify the same. Third. If the in- 
ventor, or one pretending to be such, be proved to have ob- 
tained a patent for an invention which has already been de- 
scribed and published through the press in the Republic or 
elsewhere. Fourth. If the patentee has allowed a year and 
a day to pass from the date of granting the patent without 
having worked his invention and without having justified him- 
self in view of the circumstances as allowed by the laws. 
Fifth. If the inventor or the licensee of his rights, on any 
grounds, shall violate the obligations attached to the use of 
his patent. 

Art. 39. In all cases where the patent shall become void or 
extinct, from any cause, the provision of article 27 will be 
applied. 

Art. 40. Every patentee must undertake to submit to the 
laws of the country on all occasions vvith regard to his patent, 
and must expressly reject all complaint or diplomatic inter- 
vention. 

Art. 41. All patentees who have patents already in the Re- 
public are subject, as regards the conditions involving the lapse 
of such patent, to the provisions of this present law. 

TRADE MARK LAWS. 

The trade mark laws of Ecuador are the following: 

Laiv of October 22, 1899. 

The Congress of the Republic of Ecuador decrees the follow- 
iner law on trade and commercial marks: 



292 Ecuador 

Article 1. A registry is created in the ^Ministry of the In- 
terior for trade and commercial marks. 

Art, 2. The application for the registration shall be pre- 
sented, with two copies of the mark, to the Minister of the In- 
terior. 

Art. 3. In the application shall be stated: 

1. The name and domicile of the person to whom the mark 
belongs. 

2. The manufacture or article that is distinguished with it 
in commerce. 

3. The principal place or places where the factory or com- 
mercial establishment is located. 

If the applicant is represented by an attorney the latter must 
join to the petition the respective power with special clause. 

Art. 3. The application having been presented, the Sub- 
secretary of the Ministry shall note the day and the hour in 
which it was received, shall number and rubric each one of 
the pages, and bring the same to the knowledge of the minister 
within three days. 

If he should not make such report within that time a fine 
of 1 Sucre shall be imposed on him for each day of delay. 

Art. 4. The minister shall determine whether the applica- 
tion has been written on the proper stamped paper, and 
whether the requisites set forth and prescribed in articles 2 
and 3 have been complied with. 

If any requisite should be lacking the minister shall order 
that the fault shall be remedied, and when remedied he shall 
decree the registration, and that same be published in the 
official periodical, that the proceedings be duly recorded, and 
that a copy of the registration shall be granted to the interested 
party. 

The decree of registration shall comprehend the particulars 
pointed out in article 2. 

The payment of 25' sucres shall precede the registration, 
which sum shall be deposited in the Treasury. 

The decree shall be transcribed literally in the register, and 
the Suhsecretary shall certify that it is a copy of the decree 
issued by the minister, and shall determine thus the date of the 
decree, as well as the number of the papers in which appears 
the original proceedings. 



Ecuador 293 

Art. 5. The registration being made, the Subsecretary, at 
the verbal request of the intere&ted party, shall give to him, on 
stamped paper of the fifth class, a copy of the registration, and 
shall return to him, annotated, one of the copies of the mark. 
Art. 6. The two copies pointed out in the preceding article 
shall be published, at the cost of the interested party, in the 
official periodical; and if through the negligence of the in- 
terested party it is not published, the registration will be 
void. 

The copies having been published, the effect of the registra- 
tion is retroactive to the date in which it Avas solicited. 

Art. 7. The register will be formed each year of the regis- 
trations that from the 1st of January until the 31st of De- 
cember shall have been made. 

The registrations shall be effected successively without leav- 
ing between one and another more space than one line, and the 
number that corresponds to the date of the decree upon the 
registration should immediately follow. 

At the end of each register shall be formed an alphabetical 
index of the applicants, stating the number of the registration 
and the page on which it appears. 

The papers also shall be numbered and the numeration shall 
correspond to that of the registration. 

Art. 8. The Subsecretary of the Ministry must give, on the 
proper stamped paper, and without demanding fees, the copies 
that may be asked of him.. 

Art. 9. The right of employing the registered marks is 
deemed personal property. 

But the assignment of said right must be shown by an in- 
strument recorded in the register. 

If the instrument should be a private one it must be recog- 
nized as such before the registration is made. 

The assignment shall be published in the official periodical. 

If any of these requisites should be lacking the assignment 
will be without eff'ect. 

Art. 10. The civil controversies that may arise by reason of 
trade marks will 6e settled and decided upon by the respective 
judges. 

All infringements will be punished according to the penal 
code. 



294: Ecuador 

Given at Quito, capital of the Republic, on the 22d of Octo- 
ber, 1899. 

Law of Octoher 9, 1901. 

The Congress of the Republic of Ecuador decrees: 

Article 1. Article 1, of the laAV upon trade marks, enacted 
in 1899, shall read: 

''There shall be established a register of trade marks in the 
ministry that the Executive power may designate." 

Art. 2. Article 2 shall read: 

''The application for registration shall be presented with two 
examples of the trade mark to the respective ministry." 

Art. 3. Article 4 shall read: 

"The minister shall examine whether the application is in 
conformity with the provisions of articles 2 and 3. If it is, he 
shall order the registration and that the papers be filed. The 
registration shall comprehend the particulars enumerated in 
article 2. 

"If the mark should be foreign the registration shall be pre- 
ceded by the payment of 30 sucres, and by that of 10 if the 
mark should be national." 

Art. 4. Article 5 shall read: 

"The registration being made, the subsecretary, at the 
verbal request of the interested party, shall give him on paper 
of the 9th stamp (2 sucres) a copy of the registration, and 
shall return to him, annotated, one of the examples of the 
mark. ' ' 

Art. 5. Article 6 shall read: 

"The copy pointed out in the preceding article shall be pub- 
lished in the official periodical, and if within thirty days from 
the date of issue it is not published, the registration shall be 
forfeited." 

The copy being published the effect of the registration is 
retroactive to the date on which it has been solicited. 

Art. 6. Article 9 shall read: 

"The assignment of the right to a mark shall be inscribed 
in the register." 

Should it be made by means of a private document, this shall 
be acknowledged before the inscription is made. 



EcuADOE 295 

The inscription shall be published in the official periodical. 
Art. 7. Article 10 is hereby suppressed. 
Art. 8. The law enacted in 1900 modifying the trade mark 
law is hereby repealed. 

Given at Quito, October 9, 1901, 

DOCUMENTS REQUIRED. 

1. Power of attorney, signed by the applicant, and legalized 
by a consul of Ecuador. 

2. Five copies of the mark. 

3. A statement containing the name and domicile of the 
proprietor; the manufacture or articles upon which the mark 
is used, and the manner of its employment, and the principal 
place or places where the factory or commercial establishments 
are located. 

4. A woodcut or electrotype of the mark. This should be 
as small as possible. 

5. The registration will be greatly facilitated and expedited 
if the application is accompanied by a certified copy of the 
certificate of registration in applicant's own country, legal- 
ized by a consul of Ecuador. 



296 Guatemala 

GUATEMALA. 

PATENT LAW PEOMULGATED DECEMBER 17, 1897. 

Chapter I. 

General provisions. 

Abticle 1. Every discovery or invention in any kind of 
industry or art gives to its author the exclusive right to profit 
by his invention or improvement for the time and under the 
conditions established by this law. 

Art. 2. Every citizen of Guatemala, or foreigner domiciled 
in the Republic, who invents any machine, instrument, or 
mechanical apparatus, manufacture of any kind, or method 
of process of useful application to the sciences or the arts, may 
obtain from the Government a '^ patent of invention," which 
secures to him, for a term of five to fifteen years, the property 
of his invention. Likewise he who improves a patented dis- 
covery or invention ^Ni\\ have the right to apply for an "ad- 
ditional patent," which shall never be granted for a longer 
term than that which remains of the original patent. 

Art. 3. The follomng shall be considered new discoveries 
or inventions: New industrial products; new means, and the 
new application of known means, for the obtaining of an in- 
dustrial result or product, whether it be for a process com- 
pletely original, or for improvements on those already known. 

Art. 4. Patents shall not be granted for discoveries or in- 
ventions already known in the country, or abroad, and used 
wholly or in part in some industry. 

Art. 5. The grant of a patent entails the annual payment 
to the Public Treasury of a sum of $30 as long as the patent 
lasts. 

Art. 6. The first annual payment shall be made at the time 
of the granting of the patent, and each one of the others shall 
have to be made ^dthin the first ten days of January, under 
penalty of cancellation of the patent. 

Art. 7. Patents shall not be granted when the invention or 
improvement is in opposition to rights previously acquired by 
a third party, or to public health, security, or morality. 



Guatemala 297 

Art. 8. Patents shall become extinct: 

1. When granted to the prejudice of the rights of a third 
party, if so declared by decision of a competent court. 

2. When one year has elapsed without the industry or en- 
terprise for which the patent was authorized being put into 
practice. 

3. When the enterprise or industry has been abandoned for 
one year after its being started. 

4. When the articles produced are inferior, because of 
adulteration, to the samples originally exhibited. 

The extinction of the patent is to be declared by the com- 
petent tribunal and on motion of any citizen or of the District 
Attorney. 

Art. 9. Improvers of patented inventions can not use the 
original invention without making an agreement to that effect 
with the inventor; nor can the inventor use the improvement 
patented without permission of the improver. 

Art. 10. Patents shall be understood as granted only for 
the process, not for the products which may be obtained by 
a different system. 

Art. 11. When the time stated in the patent has elapsed, 
the descriptions made by the inventor or author shall be pub- 
lished, copies of the same shall be given to whomsoever may 
ask for them; and from that time forward the manufacture by 
the process thus far patented shall be free. 

Chapter II. 
Formalities for the granting of patents. 

Art. 12. Every citizen of Guatemala, and every foreigner 
who has lived one year in the country, and is the inventor 
or improver of a machine, instrument, apparatus, manufacture, 
or industrial method, or process, may obtain from the Exec- 
utive a patent of invention or of improvement. Foreign in- 
ventions may be patented in this Republic only when by this 
means a new industry can be established in the country, be- 
cause the methods of fabrication are secret; and when there 
are international treaties or conventions providing that it 
be done. 

Art. 13. In granting a patent the Government saves al- 



298 Guatemala 

ways the rights of third parties to claim the preference which 
they may have under the law. 

Art. 14. Applications for patents shall be filed at the 
office of the Secretary of Fomento, and shall be written on 
stamped paper of the twenty-five cent class. At the foot of 
each application the under secretary shall note under his sig- 
nature the hour and day on which it was presented, and if 
requested he shall give a receipt to the applicant. 

Art. 15. Applications shall be accompanied by the samples, 
drawings, or models, according to the nature of each case, and 
by a sworn declaration, executed before a notary, containing 
a clear description of the invention and the statement that 
up to that date there was no knoAvledge of it. They shall be 
also accompanied by a receipt of the fees referred to in arti- 
cle 5. 

Art. 16. The application having been filed, an order shall 
be made directing it to be published in the official newspaper 
for one month, and then it shall be referred to the Director 
of Public Works. If the teehincal matter involved in the in- 
vention or improvement falls under the jurisdiction of this 
official, he shall make his own report on the subject. In all 
other cases he shall refer the matter to an expert, at the cost 
of the interested party, said expert to report on the truth of 
the contents of the sworn declaration, on the strength of which 
a patent of invention or improvement is applied for, and on 
the advantages or disadvantages of the patent, with reference 
to industry and to safety or health. These formalities having 
been observed, the opinion of the Government attorney shall 
be heard. 

Art. 17. If no opposition has been made, and the reports 
of the functionaries above named have not been adverse, an 
executive decree shall be issued granting the patent. 

Art. 18. The patent shall consist of a certified copy, marked 
with the number that corresponds to it, of the application, the 
sworn declaration or description, the notice in the official 
periodical, the opinion of the expert, and the executive decree. 
A copy of the drawing of the patented machine or apparatus 
shall be appended to this certificate. These documents shall 
be issued by the head of the Patent Office upon payment of 
the cost of the writing or copy. 



Guatemala 299 

Art. 19. All. kinds of judicial questions between private 
parties in regard to their respective rights to a patent, or to 
the truth of the sworn declaration or to alleged trespasses 
upon the rights of third parties, shall be decided by the courts 
of justice. 

Art. 20. The Patent Office shall keep a book wherein all 
the patents granted shall be entered, in chronological order, 
each entry to be marked by its own number, and made in such 
a way as to conform with the requirements of article 18. 

Art. 21. The decree by which the patent is granted shall 
be published in the official newspaper; and every year the 
Patent Office shall publish, in pamphlet form, a list of the 
patents granted with the descriptions that are not secret. 

Chapter III. • 
Assignment of patents. 

Art. 22. Patentees of invention or improvement may trans- 
fer their rights, under the conditions they may deem proper, 
provided that the assignee binds himself to pay the annual 
tax, that the transfer is made in writing, that it is recorded in 
the book of patents and that it is published in the official 
periodical. 

Art. 23. The deed of transfer shall indicate whether the 
patent in full, or only the right to manufacture the patented 
article, is assigned and whether the conveyance is to take 
effect only within a definite territory or in the whole of the 
Republic. 

Chapter IV. 
Penal provisions. 

Art. 24. The following shall be punished with a penalty of 
six months to a year of imprisonment, commutable in all or 
in part, under article 46 of the Penal Code : 

1. Those who counterfeit patented machines, apparatuses, 
or pieces of apparatuses. 

2. Those who knowingly engage in the trade or commerce 
of counterfeited machines or apparatuses. 



300 Guatemala 

3. Those who counterfeit patented products or manufact- 
ures. 

4. Those who knowingly engage in the trade or commerce 
of counterfeited articles. 

5. Those who, in violation of article 15, have made a false 
declaration. 

6. Those who cause nonpatented objects to appear as pat- 
ented. 

Aet. 25. Persons having for sale counterfeited articles are 
under the obligation to inform the patentee of the name of 
the author or vendor thereof and of the date on which they 
were delivered to them. They shall be considered accomplices 
in case they do not give a satisfactory explanation of their 
being in possession of the said articles. 

Art. 26. In addition to the penalty fixed by article 24, the 
infringer shall lose the articles manufactured by him^ and pay 
the proper indemnification for damages. 

Art. 27. No civil or criminal action can be brought in these 
cases if the articles of legitimate origin do not bear an indica- 
tion, whenever it is possible, of their being patented and the 
number of the patent. Neither can such actions be brought 
after a lapse of three years from the commission or repetition 
of the offense, or after one year from the day the patentee 
had knowledge of the fact for the first time. The acts which 
may interrupt the time required for limitation, shall be the 
same determined by the general law. 

Art. 28. A¥orkmen who betray secrets of the factories in 
which they are employed, with reference to patented processes, 
shall be dealt with as accomplices. 

Chapter Y. 

Transient provisions. 

Art. 29. The Patent Office shall continue for the present 
in charge of the Director General of Statistics. 

Art. 30. Those who previously to the date of the present 
law, were granted a patent of invention or improvement shall 
have their concessions renewed in conformity with this law, 
by proving to have paid the fee referred to in article 5. 



Guatemala 301 

Otherwise the patent shall be canceled. Th'e cancellation shall 
be published in the official periodical. 

Art. 31. The decree of May 20, 1886, shall remain in force 
only in so far as it relates to grants to new industries. 

Art. 32. The next Legislature shall be given knowledge of 
the present law. 

Amendments to the patent law of December 17, 1897. Fro- 
mulgated April 20, 1899. 

The National Legislative Assembly of the Republic of Guate- 
mala does hereby decree: 

Sole article. The Executive decree of December 17, 1897, 
marked No. 550, relating to patents of invention, is hereby 
approved, with the following amendments: 

1. Article 2 of the said decree shall read: 

''Any citizen of Guatemala^ or any alien domiciled in the 
same Republic, who has invented a machine, instrument, or 
mechanical apparatus made or manufactured in any way 
whatever, or a new process or method of useful application 
to sciences or arts, may obtain from the Government a patent 
of invention, securing for him, for a period of time not exceed- 
ing fifteen years, the ownership of his invention." 

2. Article 14 shall read: 

"The application for a patent shall be addressed to the 
Secretary of 'Fomento,' and shall be written on stamped 
paper of the proper class." 

3. Article 16 shall read: 

"Upon the filing of the application an order shall be made 
directing the same to be published for one month in the official 
paper, and then referred for report to a committee of two 
experts. These experts shall give their opinion about the 
truth of the applicant's sworn statements and claims regard- 
ing the invention or improvement for w^hich the patent is 
requested, and also about the advantages or disadvantages of 
the same invention or improvement, whether in regard to in- 
dustrial interests or to the public health or safety. This hav- 
ing been done, the papers shall be sent to the Attorney-Gen- 
eral, without whose opinion nothing shall be decided." 

4. Article 17 shall be amended by adding to it the words 
"upon previous consultation with the Council of State." 



302 Guatemala 

5. Article 19 shall read: 

"All questions between private parties shall come under the 
jurisdiction of the courts." 

6. Article 22 shall be amended by adding to it these words: 
"In no case, save that of proven denial of justice, shall a 

diplomatic claim be admissible." 

7. Article 24 shall read: 

"The following shall be punished with the penalties estab- 
lished by the Penal Code: (1) Those who counterfeit pat- 
ented machines, apparatuses, or the pieces thereof; (2) those 
who, knowing the said machines, apparatuses, or pieces of ap- 
paratuses, to be counterfeited, trade in them in any way what- 
ever; (3) those who counterfeit patented products or manu- 
factured articles; (4) those who, knowing the said products 
or articles to be counterfeited, trade in them in any way what- 
ever; (5) those who have made a false declaration, thus violat- 
ing the provisions of article 15; (6) those who represent as 
patented a nonpatented article." 

TRADE MARK LAW. 

[May 13, 1S99.] 

Article 1. The following shall be considered trade marks; 
Denominations of objects, or names of persons, under a par- 
ticular form, emblems, monograms, engravings or prints, seals, 
vignettes and reliefs, letters and numbers with special design, 
boxes or wrappers of objects, and all other signs by which it 
is desired to distinguish the articles of a factory or the objects 
of a business. 

Art. 2. The inscription of a trade mark has for its effect 
to concede to the possessor the exclusive right to affix it to the 
respective articles of merchandise and to the boxes and wrap- 
pers containing them, as well as to print it on his advertise- 
ments, prospectuses, business cards, or other similar papers. 

Art. 3. The following shall not be considered trade marks: 

1. Letters, words, names, or distinctive signs that are or 
should be used by the State alone. 

2. The form given to the product by the manufacturer. 

3. The color of the products. 

4. The terms or phrases that have passed into general use. 



Guatemala 303 

5. Designations usually employed to indicate the nature of 
the products or the class to which they belong. 

6. Designs and expressions contrary to morality. 

Art. 4. The absolute ownership of the mark, as well as the 
right to oppose the use of any other mark which might direct- 
ly or indirectly produce confusion between the products, shall 
belong to the manufacturer or merchant who has fulfilled the 
requisites provided by this law. 

Art. 5. The exclusive ownership of the mark is acquired 
only with reference to industries of the same kind. 

Art. 6. The use of the mark is optional. Nevertheless it 
might be compulsory when necessities of public good may re- 
quire it. 

Art. 7. The ownership of a mark passes to the heirs, and 
may be also transferred by contract or by last will and testa-. 
ment, provided that the formality referred to in article 10 of 
this law is fulfilled. Unless the transfer is recorded in the 
register the successor can not make valid the absolute right 
to which article 4 refers. 

Art. 8. The assignment or sale of the establishment in- 
cludes that of the mark, except in case of stipulation to the 
contrary, and the assignee shall have the right to use the 
mark that designates the establishment, even though it be a 
name, in the same manner as the assignor, without other re- 
strictions than those expressly stated in the deed of sale or 
assignment. 

Art. 9. The assignment of a mark must be recorded in the 
same office in which it was registered. Otherwise the rights 
that this law confers for registered marks shall not be con- 
veyed to the assignee. 

Art. 10. No trade mark shall be considered registered, for 
the purposes of ownership, if it is not inscribed at the proper 
office. 

Art. 11. The protection of the rights of manufacturers, 
tradesmen, or industrial people with regard to the exclusive 
use of the mark shall last only ten years, which may be ex- 
tended for equal periods of time by again fulfilling the for- 
malities established and paying in each case the fee fixed by 
article 22. 

Art. 12. Manufacturers or business men shall be permitted 



304 Guatemala 

to use for the products of their factories or industries the 
marks and distinctive names that they may deem proper, ex- 
cept the following: 

1. The coat-of-arms of the Republic, or of any other coun- 
try, except by authority of the respective Government. 

2. The portrait of any person other than the manufacturer 
or tradesman, unless it is Avith his consent. 

3. Distinctive signs that admit of confusion with other 
registered marks. 

Art. 13. All those desiring to obtain the ownership of a 
mark must apply for it to the Department of Fomento. 

Art. 14. The application for a trade mark shall be dra^vn 
up on stamped paper of the corresponding class and must 
be accompanied: 

1. By two samples of the mark or the distinctive sign. 

2. By a description in duplicate of the mark or sign, if it 
consists of figures or emblems, it being necessary to indicate 
the class of objects for which it is intended, and whether it 
is to be applied to products of one factory, or to objects of 
commerce. 

3. By a receipt of the National Treasury showing that the 
tax established by article 22 has been paid. This tax shall 
be returned in case the registration of the mark is refused. 

4. By a power of attorney executed in due form, in case 
the interested party does not appear personally. 

Art. 15. If the mark should contain any countersign, and 
the interested parties should desire to keep it secret, they shall 
make a statement or description of said countersign on a sheet 
of paper which they shall inclose in a sealed envelope that 
only the court can open in case of litigation or criminal ac- 
cusation. Said sheet of paper Avill be deposited in the Trade 
Mark Office. 

Art. 16. At the foot of each application a statement shall 
be made of the day and hour at which it is filed, this state- 
ment to be signed and sealed by the under secretary, and the 
applicant shall have the right to ask for a receipt of the ap- 
plication, with notice of the hour at which he filed it. 

Art. 17. The right of preference for the ownership of a 
mark shall be decided by the day and hour at which the appli- 
cation was filed at the office, and if there is a coincidence in. 



Guatemala 305 

the hour, attention shall then be paid, for this purpose, to the 
date of the application. 

Art. 18. The application for the ownership of a mark shall 
be published for one month in the official newspaper and shall 
then be referred for consideration and report to the Office of 
Trade Marks. If no opposition is made, and the report is not 
unfavorable, an executive decree shall be issued ordering the 
registration of the mark. The original record shall then be 
sent to the Trade Mark Office, in order that the registration 
should be made in proper form, that a notice of the number, 
page, and book of the registry should be w^ritten on the orig- 
inal record, and that all the papers of the case be preserved 
in the archives. The certificate of the inscription, accompanied 
by one of the copies of the registered mark, shall serve the 
owner as evidence of his ownership. 

Art. 19. In case of opposition, or of an unfavorable report, 
the Attorney-General shall be heard, and then the proper de- 
cision shall be given. 

Art. 20. All disputes between parties on the right to the 
use of a mark, or the counterfeiting or imitating the same, 
shall fall under the jurisdiction of the courts. 

Art. 21. The Director-General of Statistics shall have in 
its charge the Bureau of Registration of marks, and it shall 
be his duty to keep for this purpose all the necessary books 
conveniently arranged, numbered, and paged. The pages of 
the inscription book shall be arranged in three columns— one 
to paste or delineate the mark, another for the inscriptions, 
and the third for the cancellations. The registry of each mark 
shall be made by numerical and chronological order. An in- 
dex-book, by alphabetical order, of surnames, shall also be 
kept, the industry to Avhich the mark corresponds, the book, 
page, and number of the item. A report shall be published 
every year of all the marks registered during it. Each mark 
shall be described in this report. 

Art. 22. For the registration and certificate of a mark, 
w^hatever its origin may be, a fee of $30 (pesos) shall be paid. 
For the registration and certificate of transfer the fee shall 
be $15. For each copy of the certificate $5 shall be paid, in 
addition to the value of the stamped paper Avhich is to be used. 
These fees shall be paid into the National Treasury. 



306 Guatemala 

Art. 23. The marks, as well as their descriptions, except the 
secret countersigns, shall be kept in the office at the disposal 
of any one who desires to examine them. 

Art. 24. Factories situated in countries with which the 
Eepublic has entered into treaties in regard to this subject, 
may have their marks registered, by applying for it directly 
or by means of an attorney, and giving proof of the registra- 
tion of the mark in the original country; but all the papers 
should be translated into Spanish and authenticated. 

Art. 25. He who has inscribed his mark retains the owner- 
ship thereof as long as the courts do not order the registration 
to be canceled. Therefore, it may be assigned or allowed to 
be used by others; but the fact should be announced in the 
official periodical, and the deed of transfer or concession shall 
be recorded at the Trade Mark Office. Those who hitherto 
have failed to comply with these requirements shall take care 
to fulfill them to legalize their rights. 

Art. 26. The name of a merchant or firm, and the sign or 
designation of a house that deals in determined articles, con- 
stitutes industrial property for the purposes of this law. 

Art. 27. If a merchant desires to carry on an industry in 
which another person is already engaged with the same name 
or with the same conventional designation, he must change 
his own so as to make it visibly distinct from that used by 
the pre-existing house. 

Art. 28. Joint stock companies have the right to use their 
names the same as any private individuals, and are subject to 
the same regulations. 

Art. 29. The right to the exclusive use of a name as in- 
dustrial property shall terminate with the commercial house 
that carries it or with the exploitation of the branch of in- 
dustry to which it belongs. 

Art. 30. The registration of a name is not necessary for 
securing the exercise of- the rights granted by this law, ex- 
cept in case that it forms a part of the mark. 

Art. 31. The registration of marks is granted without re- 
sponsibility for the Government. Those considering themselves 
injured by third parties shall have recourse to the courts and 
seek redress through such civil or criminal action as may be 
proper. 



Guatemala 307 

Art. 32. Third parties can apply for the nullification of 
a mark: 

1. When the inscribed possessor has not within the term 
fixed by article 11 continued to exercise the industry to which 
the mark belongs. 

2. When there are circumstances that lead to the belief 
that the tenor of the mark does not correspond to its real 
products, the risk of misrepresentation being- thus imminent. 
(Division 3, art 34.) 

3. The petition for the nuUification of a mark shall be filed 
before the courts, and the inscribed possessor, or his heirs, in 
case of death, shall be made defendants. 

Art. 33. If before or after the commencement of the suit, 
the mark is transferred to another person, the case shall con- 
tinue to the end against those who have succeeded to the right. 

Art. 34. The following shall be punished as provided in 
Paragraph II, Title III, Book II of the Penal Code : 

1. Those who counterfeit or imitate in any way a trade 
mark. 

2. Those who place on the products or articles belonging to 
their business a mark belonging to another person. 

3. Those who knowingly sell, place on sale, offer for sale, 
or circulate, articles with counterfeited marks or with marks 
fraudulently applied. 

4. Those who knowingly sell, place on sale, or offer for 
sale, counterfeited marks, and those who sell authentic marks 
without knowledge of their proprietor. 

5. Those Avho with fraudulent intention place, or cause 
others to place, on an article of merchandise a false announce- 
ment or designation relating to the registration of the mark, 
or to the nature, quality, quantity, number, weight or measure, 
of the same article, or the place or country in which it has 
been made or prepared. 

6. Those who knowingly sell, place on sale, or offer for 
sale merchandise with any of the false announcements men- 
tioned in the preceding item. 

Art. 35. The offense shall be deemed committed in full 
even if the counterfeited trade mark is not affixed to all the 
objects that are to be marked. Its application to one alone 
shall be sufficient. 



308 . Guatemala 

Art. 36. Those who sell or place on sale merchandise with 
usurped or counterfeited marks in ignorance of the circum- 
stance, shall be bound to give the real owner, when he may 
ask for it, a complete account in writing of the name and ad- 
dress of the party from whom they obtained the merchandise, 
as well as the time when the sale began, and in case of resist- 
ance they may be compelled judicially under penalty of being 
considered accomplices. 

Art. 37. Articles of merchandise bearing counterfeited 
marks which may be found in the possession of the counter- 
feiter or his agents shall be confiscated and sold, and the pro- 
ceeds of the sale, after paying the costs and indemnities estab- 
lished by this law, shall be turned over to the houses of charity 
of the locality. 

Art. 38. Counterfeited marks found in the possession of 
the counterfeiter, or his agents, shall be destroyed together 
with the instruments used to make them. 

Art. 39. In order that the Office of Trade Marks shall be 
duly organized, all merchants, tradesmen, or manufacturers 
who are now in possession of a mark registered in the Repub- 
lic shall present themselves within three months at the said 
office for the express purpose of securing renewal of the reg- 
istration of their mark. 

Art. 40. If before the promulgation of this law two or 
more businessmen, merchants, or manufacturers have been 
making use of the same mark, the right to the exclusive use 
of the same shall belong to the one who proves to have made 
legitimate use of it prior to all others. If none can prove 
this priority the ownership shall be granted to the one who 
has the most money invested therein. 

Art. 41. When the registration of the mark has not been 
made within the time fixed by article 39, nobody shall be per- 
mitted to allege the use thereof before the sanction of the 
present law as a ground for his claim to the right of priority. 

Art. 42. In order that foreign trade marks may enjoy the 
guaranties established by this law, they must be registered in 
accordance with the treaties made for that purpose. The pro- 
prietors of said marks, or their agents duly authorized, are the 
only persons who may request the registration of the same. 

Art. 43. The Director General of Statistics shall take charge 



Guatemala 309 

of the organization of the Trade Mark Bureau according to 
the present law and the regulations that the Department shall 
promulgate. 

CONVENTION BETWEEN GUATEMALA AND FRANCE 

FOR THE PROTECTION OF INDUSTRIAL 

PROPERTY. 

[November 12, 1895.] 

The President of the Republic of Guatemala and the Presi- 
dent of the French Republic, equally animated by the desire 
of adopting by mutual consent certain measures which in their 
opinion are conducive to the reciprocal protection of industrial 
property, have decided to conclude a special treaty beneficial 
to both nations, and have appointed for that purpose as their 
respective plenipotentiaries: 

The President of the Republic of Guatemala, Lie. Don Jorge 
Munoz, Secretary of Foreign Relations of the Republic; and 

The President of the French Republic, Don Casimiro Pablo 
Challet, Envoy Extraordinary and Minister Plenipotentiary of 
France in Central America, Officer of the Legion of Honor, 
etc., 

Who, having communicated to each other their respective 
full powers and found them in due form, have agreed to the 
following : 

Article 1. Guatemalan citizens in France and French citi- 
zens in Guatemala shall be given in regard to trade marks the 
same protection which is granted in France or in Guatemala, 
respectively, to their own citizens. The term trade mark shall 
be understood to mean : The names of objects or persons 
written in a special form; the emblems, monograms, engrav- 
ings, or prints, seals, vignettes, and reliefs ; letters and numbers 
with a special design; boxes or wrappers for articles of mer- 
chandise, and in general any sign or designation used to indi- 
cate that the products of a factory or the articles of a trade 
are different and to be distinguished from other articles of the 
same nature. Commercial names, firm names, names and titles 
of commercial houses, and names of the places of manufacture 
or origin shall be included in this definition. 

Art. 2. To insure to trade marks the protection stipulated 



310 Guatemala 

in the preceding article, Guatemalan citizens in France and 
French citizens in Guatemala, shall have to comply with the 
formalities established by the laws and regulations promul- 
gated for this purpose by the high contracting parties. It is 
to be understood that the trade marks to which the present con- 
vention refers are those which in either country are deemed to 
be lawful, that is to say, that the character of a Guatemalan 
mark shall be determined according to the standard of the 
Guatemalan law, and that the character of a French mark 
shall be likewise determined according to the standard of the 
French law. 

Art. 3. If a trade mark has become public property in the 
country of origin, it shall not be made the subject of a privilege 
in the other country. 

Art. 4. The present convention shall remain in force for 
five years, this period to commence two months after its sig- 
nature. In case that neither of the high contracting parties 
give official notice to the other one year before the expiration 
of the said period, of its intention to terminate the conven- 
tion, it shall remain in force for one year after the expiration 
of the five years, and so on from year to year until either of 
the high contracting parties shall give such notice. 

In testimony whereof the undersigned have affixed their sig- 
natures and seals to the present instrument. 

Done in duplicate in the city of Guatemala on the 12th day 
of November, 1895. 

[l. s.] , Jorge Munoz. 

[l. s.] C. Challet. 

CONVENTION BETWEEN THE UNITED STATES AND 
GUATEMALA FOR THE RECIPROCAL PROTECTION 
OF TRADE MARKS AND TRADE LABELS, CON- 
CLUDED APRIL 15, 1901. 

With a view to secure for the manufacturers of the United 
States of America and those in the Republic of Guatemala the 
reciprocal protection of their trade marks and trade labels, the 
undersigned, duly authorized to that effect, have agreed on the 
following dispositions : 

Article 1. The citizens of each of the high contracting 



Guatemala 311 

parties shall in the dominions and possessions of the other 
have the same rights as belong to native citizens in everything 
relating to trade marks and trade labels of every kind: Pro- 
vided always, That in the United States the citizens of Guate- 
mala and in Guatemala the citizens of the United States of 
America should not enjoy these rights to a greater extent or 
for a longer period of time than in their native. country. 

Art. II. Any person in either country desiring protection 
of his trade mark in the dominions of the other, must fulfil 
the formalities required by the law of the latter; but no per- 
son, being a citizen of one of the contracting States, shall be 
entitled to claim protection in the other by virtue of the pro- 
visions of this convention, unless he shall have first secured 
protection in his own country in accordance with the laws 
thereof. 

Art. III. This arrangement shall go into effect immediately 
on or after the exchange of the ratifications, and shall be in 
force until a year after it has been recalled by one or the 
other of the two high parties. 

Art. IV. The present convention shall be ratified by the 
President of the United States, by and with the consent of the 
Senate thereof, and by the President of the Republic of Guate- 
mala, and the ratifications shall be exchanged at Guatemala 
as soon as may be within twelve months from the date hereof. 

In witness whereof the undersigned have signed and sealed 
the present convention in Guatemala City, this fifteenth day of 
April, one thousand nine hundred and one. 

[l. s.] W. Godfrey Hunter. 

[l. s.] Juan Barrios M. 

CONVENTION BETWEEN GUATEMALA AND THE GER- 
MAN EMPIRE FOR THE PROTECTION OF 
TRADE MARKS. 

[July, 17, 1899.] 

The Government of the Republic of Guatemala and the Gov- 
ernment of the German Empire having agreed to secure to 
business men residing in the two countries, reciprocal protec- 
tion for their trade marks, the undersigned, duly authorized 
for that purpose, have agreed to the following provisions : 



312 Guatemala 

Article 1. Business men residing in Guatemala shall enjoy 
in Germany and business men residing in Germany shall enjoy 
in Guatemala, respecting the names of their merchandise, pack- 
ing, and trade marks, the same protection that is given by Ger- 
many or Guatemala, respectively, to their own people, with no 
other restriction than the obligation to comply with such requi- 
sites as may be established by law in either country. 

Art. 2. The present convention shall go into effect in each 
of the contracting countries on the date of its official publica- 
tion, and it shall remain in force until the expiration of a 
period of six months, to be counted from the date on which 
notice is given by the other contracting party of its intention 
to terminate the arrangement. 

In testimony whereof the undersigned have affixed their sig- 
natures and seals to the present instrument. 

Done in duplicate at the city of Guatemala on the 17th day 
of July, 1899. 

[l. S.] F. AnGUL4N0. 

[l. s.] Yon Voights. Rhetz. 

CONVENTION BETWEEN GUATEMALA AND GREAT 

BRITAIN FOR THE PROTECTION OF 

TRADE MARKS. 

[July 20, 1S98.] 

Her Majesty the Queen of Great Britain and Ireland, Em- 
press of India, etc., and His Excellency the President of the 
Republic of Guatemala, being desirous to conclude a convention 
for the mutual protection of trade marks and designs, have, for 
the purpose, appointed as their plenipotentiaries, namely: Her 
Majesty the Queen, etc., George Birt Jenner, esq., her minister 
resident in Central America, and His Excellency the President 
of Guatemala, Dr. Francisco Anguiano, Secretary of State for 
the Department of the Interior and Justice and in charge of 
that of the Foreign Relations, who, after having mutually com- 
municated their full powers, and found them in good and due 
form, have agreed to the following articles: 

Article 1. The subjects or citizens of each of the contracting 
parties shall have, in the dominions and possessions of the other 
the same rights as are now granted, or may hereafter be granted, 



Guatemala 313 

to national subjects or citizens in all that relates to trade 
marks, industrial designs, and patterns. In order that such 
rights may be obtained, the formalities required by the laws of 
the respective countries must be fulfilled. 

Art. 2. The stipulations of the present convention shall be 
applicable to all the colonies and possessions of Her Britannic 
Majesty, excepting those hereinafter named, that is to say, ex- 
cepting India, the Dominion of Canada, Newfoundland, the 
Cape of Good Hope, Natal, New South Wales, Victoria, Queens- 
land, Tasmania, South Australia, Western Australia, and New 
Zealand: Provided, hoivever, That the stipulations of the pres- 
ent convention shall be made applicable to any of the above- 
named colonies or possessions on whose behalf notice to that 
effect shall have been given by Her Britannic Majesty's repre- 
sentative to the Minister of Foreign Relations of the Republic 
of Guatemala within one year from the date of the ratifica- 
tions of the present convention. 

Art. 3. The present convention shall be ratified as soon as 
possible, and shall remain in force for five years, which will 
commence to run one month after the exchange of ratifications, 
which shall take place in the city of Guatemala. Nevertheless, 
if one year before the expiration of that term neither of the 
two contracting parties shall have announced to the other, by 
means of an official declaration, the intention of terminating 
the present convention, it shall continue in force for one year 
after such declaration is made. 

In testimony whereof, etc., etc. 

Done in duplicate in the city of Guatemala on the 20th day 
of July, 1898. 

[l. s.] F. Anguiano. 

[l. s.] G. Jenner. 



314 Haiti 



HAITI. 

REPOET OF MR. S. ST. JOHN, OF THE BRITISH 
LEGATION. 

I have the honor to acknowledge the receipt of the circular 
of August 14, 1872, respecting the law and practice* of foreign 
countries with regard to inventions. 

On inquiry I find that the Republic of Haiti has no law or 
practice on the subject, having never yet had occasion to apply 
either. Should it ever feel the want of such a law, it would 
probably base its legislation on the French system. 



Honduras 315 

HONDURAS. 

PATENT LAWS. 

Article 90 of the Constitution of Honduras reads as follows: 

''Article 90. Congress shall have power : 

* * ^ * * * * 

"16. To award prizes and grant temporary privileges to 
authors and inventors and those who have introduced or im- 
proved new industries of general utility." 

The Patent Law (decree No. 177) promulgated on May 14, 
1898, reads as follows: 

"The National Congress, considering that it is advisable, in 
the interest of the general welfare of the country to establish 
a system of patents of invention, under which the rights of 
inventors, whether citizens of the Republic or aliens, may be 
protected, does hereby decree: 

"Article 1. Inventors, when citizens of Honduras, shall 
enjoy the rights secured to them by the patent for a period not 
exceeding twenty j^ears. They shall pay an annual tax of not 
less than 5 and not more than 10 silver dollars, according to the 
importance of the invention. They shall, furthermore, comply 
with all the requisites which may be established by the rules of 
practice to be made on the subject. 

"Art. 2. Foreign inventors who have obtained patents out- 
side of Honduras may have tSeir patents validated in Honduras, 
on the same conditions as the citizens of 'the Republic, upon 
the payment of an annual registry fee ranging from 10 to 50 
dollars in gold, according to circumstances. 

"Art. 3. The Executive power shall enact such rules of 
practice as may be necessary for the proper execution of this 
law, and shall also establish a patent office under the supervision 
of the Department of Fomento." 

The rules of practice referred to in article 3 of the foregoing 
law have not been as yet promulgated. 

The practice in patent cases is to apply to Congress directly, 
by means of a petition wherein the granting of the patent is 
requested, and Congress, acting on this subject as in all others 
under its jurisdiction, grants or refuses the patent. 



316 HONDUEAS 

In cases of validation of foreign patents the applications are 
made to the Secretary of Fomento, who has the power to grant 
or refuse it. 

TRADE MARK LAW OF MARCH 1, 1902. 

Article 1. Any sign that determines the specialty for com- 
merce of an industrial product is considered a trade mark. 

Art. 2. The form, color, phrases, or designations that do not 
constitute by themselves the sign determining the specialty of 
the products, shall not be considered marks. In no case may 
this sign be contrary to morals. 

Art. 3. Any proprietor of a trade mark, whether he be a 
native or a foreigner, resident in the country, may acquire the 
exclusive right to use it in the Republic, subjecting himself to 
the formalities of the present law. 

Natives and foreigners residing outside of the country may 
register property in trade marks when they have in this country 
an agency or industrial or mercantile establishment for the sale 
of their products, except when, in the case of foreigners, the 
treaties otherwise provide. 

Art. 4. In order to acquire the exclusive property to a trade 
mark, the interested party shall present, either himself or by 
means of his representative, to the Secretary of Fomento, a 
statement showing that he reserves it according to his right, 
accompanied with the following documents: 

First. The power given to the attorney, if the interested 
party does not personally appear. 

Second. Two copies of the mark or of its representation by 
means of a drawing or an engraving. 

Third. In the case where the mark is put in low or high relief 
upon the products, or where it presents any other peculiarity, 
there shall also be remitted two separate sheets in which such 
peculiarities shall be indicated, either by means of one or vari- 
ous figures or by means of an explanatory description. 

Fourth. The written commission contract, by virtue of which 
the agency may have been established, duly legalized, in the case 
referred to in the second paragraph of the preceding article. 

Art. 5. The application shall set forth the name of the fac- 
tory, the place where it is located, the domicile of the proprietor, 



Honduras 317 

and the kind of commerce or of industry for which the applicant 
desires the use of the mark. 

Art. 6. The industrial or mercantile mark that belongs to a 
foreigner not resident in the Republic may not be registered in 
this country if it shall not have been previously and regularly 
registered in the country of its origin. 

Art. 7. He who first may have made legal use of a mark, is 
the only one who may claim to acquire its ownership. In case 
of dispute between two proprietors of the same mark, the prop- 
erty shall belong to the first possessor, and if the possession can 
not be proven, to the first applicant. 

Art. 8. The exclusive ownership of a mark may not be exer- 
cised except by virtue of the declaration made by the Secre- 
tary of Fomento to the effect that the interested party has re- 
served his rights after having fulfilled all the legal requisites. 

Art. 9. The declaration to which the previous article refers 
shall be made without previous examination under the exclu- 
sive responsibility of the applicant, and without prejudice to 
the rights of third parties. The Secretary of Fomento shall 
publish the application of the interested party, and in case of 
opposition presented within ninety days following the publica- 
tion shall not proceed to the registration of a mark until the 
judicial authority decides in favor of whom the registration 
must be made. 

Art. 10. Trade mark^ can not be transmitted except with the 
establishment for whose objects of fabrication or of commerce 
they serve as distinction ; but their transfer shall not be subject 
to any special formality, and shall be made according to the 
rules of ordinary law. 

Art. 11. The duration of the ownership of a trade mark is 
indefinite ; but it shall be considered abandoned by the closing 
for more than a year of the establishment, factory, or business 
in which it may have been employed or the failure of the owner 
to produce the article during the same period. 

Art. 12. The trade marks deposited will be cared for in the 
Department of Fomento, where any person wishing to do so, 
may examine the register and obtain, at his own cost, a certified 
copy of the same. 

Art. 13. The ownership of a mark obtained in contravention 



318 Honduras 

to the preceding prescriptions shall be judicially declared null 
on the petition of an interested party. 

Art. 14. A certified copy of the final decision annulling or 
extinguishing the property of a mark, shall be forwarded to the 
Secretary of Fomento by the judge who has had cognizance of 
the matter. 

Art. 15. The crime of counterfeiting shall be committed : 

First. When trade marks are used that are exact and com- 
plete copies of another the ownership of which is already se- 
cured. 

Second. When the imitation is such as to produce almost 
complete identity, the difference being only of minor character, 
the mark may be susceptible of being confounded with another 
legally deposited. 

Art. 16. There shall be considered as guilty of the crime of 
counterfeiting, Avhatever may be the place where it may have 
been committed, those who may have counterfeited a mark, or 
made use of a counterfeited one, whenever it is applied to ob- 
jects of the same industrial or mercantile nature. 

Art. 17. Those guilty of counterfeiting trade marks are sub- 
ject to the penalties established in the Penal and Common 
Code. 

• Art, 18. Drawings and industrial models are included in the 
provisions of this law. 

Art. 19. The protection that the present law grants to indus- 
trial or mercantile marks does not extend to the goods covered 
by them, except as to those made and sold in the country. 

Art. 20. The present law shall commence to go into effect 
from the date of its publication, and the applications now pend- 
ing shall be decided according to its provisions. 

Given at Tegucigalpa, in the Hall of Sessions, the 7th day of 
the month of May, 1902. 



Mexico 319 

MEXICO. 

PATENT LAW. 
(August 25, 1903.) 

PoRFiRio Diaz, Constitutional President of the United States 
of Mexico, to the inhabitants thereof, know ye: 

That by virtue of the authorization granted to the Chief 
Executive of the Union by decree of Congress of May 28 of the 
present year, for amending the patent, trade-mark, and other 
laws on industrial property now in force, I have seen fit to is- 
sue the following 

PATENT LAW. 

Chapter I. 
Concerning patents. 

Article 1. Anyone who has made any new invention of an 
industrial character may acquire the exclusive right, by virtue 
of the provisions of articles 28 and 85 of the Constitution, to 
exploit or work said invention for his benefit, during a cer- 
tain term, under the rules and conditions prescribed by this 
law. In order to acquire this right it is necessary to obtain a 
patent of invention. 

Art. 2. The following are patentable : 

I. A new industrial product. 

II. The application of new means in order to obtain an 
industrial product or result. 

III. The new application of known means in order to ob- 
tain an industrial product or result. 

Art. 3. The following are not patentable : 

I. A discovery or invention that simply consists in making 
known or rendering evident something which had already ex- 
isted in nature, although it had been unknown to man before 
the invention. 

II. Every scientific principle or discovery of a purely specu- 
lative character. 



320 Mexico 

III. Every invention or discovery the exploitation of which 
may be contrary to the laws prohibiting same, to public safety 
or health, and to good customs or morals. 

IV. Chemical products ; but the new processes to obtain said 
products, or their new industrial application, shall be patent- 
able. 

Art. 4. An invention shall not be considered as new when- 
ever it has been put in practice, in the country or abroad, be- 
fore the application of a patent, for a commercial or industrial 
purpose, or when it has been so extensively published as to 
enable the same to be put in practice, inasmuch as in such 
cases it shall be regarded as public property. 

Art. 5. In the following cases the provision contained in 
the preceding article shall not apply to the author of the in- 
vention in question or to the o^\Tier of the corresponding pat- 
ent obtained abroad: 

I. When the publicity is derived from the exhibition of 
the invention in a local. State, or international exposition, 
officially or unofficially recognized, provided always that be- 
fore its exhibition the document prescribed by the regulations 
shall be deposited in the Patent Office and that the proper 
application shall be filed in said office before three months 
shall have elapsed after the official closing of said exposition. 

II. When the owner of a foreign patent shall file his ap- 
plication for a Mexican patent to be issued within a period 
of three months, counting from the date on which, in accord- 
ance with the law of the country in which said foreign patent 
was issued, the corresponding invention shall be made public. 

In case there are two or more foreign patents, the term 
of three months shall be counted in accordance with the pat- 
ent which was first published. 

III. Whenever the application shall be filed within the terms 
specified by the international treaties relating to the matter 
or within the twelve months to which article 12 refers. 

In case two or more of the kinds of publicity to which ref- 
erence is made in this article should coincide and that on mak- 
ing the respective computation the terms should not expire 
on the same day, the interested party shall be obliged to file 
his application during the term which shall first expire. 

The terms mentioned in Section III shall prevail over the 



Mexico 321 

others, and therefore, in case they should coincide with the 
other terms, the party in interest shall enjoy them to their 
fullest extent, even though they be longer terms. 

Art. 6. The owner of a patent shall have the exclusive 
right : 

I. To exploit or work the same, for his benefit, during the 
time fixed by this law, either by himself or through other per- 
sons with his consent. 

II. To prosecute before the courts those who infringe his 
right, either because of the industrial manufacture of the pat- 
ented article, or by the industrial employment or use of the 
patented process or method, or because they may keep in their 
possession or offer for sale, sell, or introduce for a commercial 
purpose in the national territory, Avithout his consent, one or 
more manufactured articles. 

In the case of industrial manufacture the intent to defraud 
shall not be necessary in order to incur in a penal offense, 
although said fraudulent intent must exist in the other cases 
provided for in said Section TI. 

Art. 7. Notwithstanding the provisions of the foregoing ar- 
ticle, the patent shall produce no effect whatever: 

I. Against similar articles that may, in transit, pass through 
the national territory or tarry in its territorial waters. 

II. Against a third party who was already exploiting the 
same patented article in the country prior to the date on which 
the application for the patent was filed or on which he had 
made the necessary arrangements to exploit it. 

III. Against a third party who, for the purpose of mak- 
ing experiments or investigations, should construct an article 
or put in practice a process equal, or substantially equal, to 
the patented one. 

Art. 8. A patent may be granted to two or more persons 
jointly should it be jointly applied for. 

Chapter II. 

Concerning the application and granting of patents. 

Art. 9. Any person desiring to obtain a patent shall file at 
the Patent Office an application, which shall be accompanied 
with the followino: documents: 



322 Mexico 

I. A specification. 

II. A set of claims. 

III. A drawing or drawings, should the case require it, at 
the discretion of the inventor. 

IV. Two copies of the above documents. 

Art. 10. The Patent Office shall simply make an official ex- 
amination of the documents filed in order to determine if they 
are complete and whether they comply with the requisites pre- 
scribed by the proper regulations concerning the form thereof. 

Consequently said examination shall not, for any reason what- 
ever, be made with regard to the novelty or usefulness of the 
article sought to be patented, nor with regard to the sufficiency,, 
clearness, or accuracy of said documents. 

If the Patent Office finds that said documents do not com- 
ply with the requirements, the examination of which it is the 
duty of said office to make, or that the article or thing sought 
to be patented is comprised in the provisions of article 3,. 
Section III, it shall regard said documents as not having been 
filed and shall make known this fact to the party in interest 
by means of a notice. If the interested party is not satisfied, 
he may appeal to the courts in accordance with the provisions, 
of Chapter XII of this law. 

Should the Patent Office be satisfied with the regularity of 
the documents filed, it shall so advise the interested party by 
means of a notice. 

Art. 11. The legal date of a patent is that of the legal 
filing in the Patent Office of the application and documents 
which constitute the same; and from that date the patent is 
supposed to be granted and produces its legal effects, except 
in the case specified in the following article: 

In the case referred to in Section I, article 5, the legal date 
of the patent shall be that on which the application referred 
to in said section was filed. 

Art. 12. The legal date of a patent solicited in Mexico, 
and which has already been applied for by the same person 
in one or more foreign countries, shall be that which corres- 
ponds to the foreign patent first solicited, provided that it 
be applied for in Mexico within twelve months, counting from 
the date of the first application of patent made abroad, if it 
is a patent of invention, and within four months from the same- 



Mexico 323 

date, if the application is by means of an industrial design 
or model, and provided also that the foreign country in which 
it was first applied for grants to Mexican citizens this same 
right. 

Consequently every patent applied for in Mexico, under these 
conditions, shall have exactly the same force and produce the 
same effects as if it had been applied for on the day and 
hour of said legal date. 

Art. 13. Patents shall be granted without prejudice to third 
parties and without guaranteeing their novelty or utility. The 
concession thereof only gives a presumption of said qualities 
and of the rights of the owner until the contrary is proven. 

Art. 14. He who, without being the author of an invention, 
applies for the respective patent should prove his authority 
as representative or attorney of the inventor. In order to 
prove his authority as representative or attorney, a letter of 
authorization, signed by the inventor or author of the invention 
and two witnesses, shall be sufficient; but the Patent Office 
shall have the right to demand the ratification of the signatures 
whenever it should deem it convenient to do so. 

Chapter III. 

Concerning terms and fiscal dues. 

Art. 15. Patents of invention are granted for a term of 
twenty years, counting from their legal date. 

Art. 16. This term is divided into two, namely, the first 
term consisting of one year and the second of nineteen years. 

Art. 17. The tax for the first period one-year term is five 
pesos- 

The tax for the second term, that is to say, the remaining 
nineteen years, is thirty-five pesos. 

The regulations shall fix the Government fees caused by the 
issuance of copies, certified copies, renewal of title deeds, etc., 
etc. The payment of all these fees shall be made necessarily 
in revenue stamps of the Federal Government in the manner 
prescribed by the same regulations. 

Art. 18. The term fixed by article 15 may be extended five 
years at the discretion of the Chief Executive, and after the 



324 Mexico 

payment of the additional fees which said Chief Executive 
may deem proper to fix. 

Anyone desirous of obtaining the concession to which this 
article refers shall file an application with the Patent Office 
within the first six months of the last year of the ordinary 
term of twenty years. 

Said applicant shall also prove that the patent has been in 
uninterrupted industrial exploitation in the national territory 
at least during the last two years immediately preceding the 
date of the respective application. 

Chapter IV. 

Conceiving exploitation. 

Art. 19. The exploitation of a patent is not obligatory, but 
if after three years from the legal date thereof said patent 
should not be industrially exploited within the national ter- 
ritory, or if after these three years the exploitation of the 
same shall have been suspended for more than three consecu- 
tive months, the Patent Office shall have the right to grant to 
third parties a license to make said exploitation in the manner 
provided for in the following articles: 

Art. 20. Any person wishing to obtain a license like those 
mentioned in the preceding article, shall apply at the Patent 
Office, stating the reasons and grounds upon which he bases 
his petition. This petition shall be made known to the owner 
of the patent, fixing the term of three months, which cannot be 
extended, in order that both interested parties shall present 
to the office the proofs they may deem convenient. Within this 
same term the office shall have the right to ask for informa- 
tion, to appoint inspectors, and to do in general everything 
which, without exceeding its authority, it may deem conven- 
ient to do in order to satisfy itself of the truthfulness of the 
facts. 

Art. 21. Whenever the owner of the patent in question shall 
not prove that he has commenced to industrially exploit the 
subject-matter of the same in accordance with the provisions of 
article 30, none of his proofs shall be accepted; but without 
further formalities, and dispensing with the probatory term 



Mexico 325 

described in the previous article, the applicant shall be granted 
the license applied for. 

Art. 22. Within the term of fifteen days after the expira- 
tion of that fixed by article 20 in which to present proofs, or 
within eight days from the filing of the application for the 
license in the case of the foregoing article, the Patent Office 
shall decide whether the license applied for shall be granted 
or not. 

The interested party who is not satisfied with this decision 
shall have the right to appeal to any of the judges of the dis- 
trict of the City of Mexico, requesting the repeal of said de- 
cision, the former acting as plaintifl: and the latter as defend- 
ant, the plaintiff being bound to bring his respective suit with- 
in the terra of eight days, which can not be extended, counting 
from the date in which the administrative decision shall be 
made known to him, with the understanding that should he 
fail to do so, he shall be considered as deprived of said right 
of appeal and as having accepted said decision. 

This suit brought before said judge in said cases shall be 
subject to the provisions of the present law. 

Art. 23. The effects of the administrative ruling granting 
the license applied for shall not be suspended because of the 
appeal of the owner of the patent to the judicial authority, 
and consequently he who has obtained the license has the right 
to exploit the patent at once without being compelled to give 
bond or comply with any other requisite. 

Art. 24. Whoever has obtained a license similar to those 
in question shall be bound to commence to exploit the patent 
within the term of two months, counting from the date of the 
respective decision if the latter was made by the Patent Office, 
or from the date of the legal notification thereof if it was made 
by the judicial authority, and not to suspend said exploitation 
longer than two consecutive months. 

Art. 25. One-half of the net profits obtained by the owner 
of the license as a result of the respective exploitation shall 
belong to the patentee, and he shall therefore have the right 
to superintend the exploitation and, to judicially demand 
whenever proper to do so, the delivery of the aforesaid one- 
half of the net profits. The provisions of this article are 



326 Mexico 

without prejudice to the agreement or agreements which the 
interested parties themselves are at liberty to make. 

Art. 26. In case the owner of the patent should be absent 
or fails to enforce his rights, the owner of the license is bound 
to deposit every two months one-half of the net profits men- 
tioned in the previous article in the bank or banking house 
designated by the Patent Office for that purpose, and shall 
also keep said Patent Ofiice informed of the proceeds of the 
exploitation, as well as of the net profits, by means of bi- 
monthly reports. 

The noncompliance with the provisions of this article shall 
cause the Patent Office to revoke, without further formalities, 
upon the request of the owner of the patent, the license granted. 

The respective notices shall be published in the "Official 
Patent Gazette," and if the person whose duty it is to give 
these notices should make any false statement therein to the 
Patent Office, he shall be subject to imprisonment and to a 
fine, or to either of said penalties, at the discretion of the judge, 
and in all events said person shall be held responsible for the 
losses and damages which he may cause to the owner of the 
patent. 

Art. 27. The licenses granted by the Patent Office, in ac- 
cordance with the preceding articles, do not deprive the owner 
of the patent of the right of exploiting by himself his inven- 
tion nor of granting any licenses he may be willing to grant. 

Art. 28. The owner of the patent has the right to demand 
the repeal of a license granted by the Patent Office, when two 
years after the granting of said license the owner of the pat- 
ent or any other person representing him should be already 
industrially exploiting the same. 

In order that the respective application may be taken into 
consideration, it is an essential requisite that the owner of the 
patent shall have proved to the satisfaction of the Patent 
Office, in accordance with the provisions of article 30, that the 
exploitation has been commenced, or else the application shall 
be rejected without further formalities, and there shall be no 
appeal from this decision. 

It shall also be an essential requisite, in order that the owner 
of the license be allowed to produce proofs of having begun 
the exploitation within the term of two months fixed by the 



Mexico 327 

law, that he should have forwarded, in due time, to the Pat- 
ent Office the voucher to which reference is made in said arti- 
cle 30. 

On the other hand, the procedure, in order to carry out the 
repeal referred to in the first paragraph of this article, shall be 
subject to the provisions of articles 20, 21, 22, and 23, in so far 
as they are applicable. 

Art. 29. The owner of a patent has the right to prosecute 
before the courts as an usurper of his patent or as an illegal 
exploiter thereof, the owner of a license granted by the Patent 
Office who had not commenced the exploitation within the term 
of two months fixed by article 24, or who had suspended the 
exploitation during a period exceeding two consecutive months, 
and who, notwithstanding said fact, had been exploiting said 
patent, except when said suspension of the exploitation had 
been caused by accident or by superior force. 

Art. 30. Both the owner of the patent and the person to 
whom the Patent Office shall have granted a license to exploit 
the same, are bound, as soon as they have commenced the ex- 
ploitation of the patent, to prove said fact, through any legal 
means, to said Patent Office, within a term which shall not 
exceed fifteen days. 

Art. 31. All the products that are protected by a patent 
shall bear a mark which shall indicate the fact that the article 
is patented, as well as the number and the date of the patent. 

Chapter V. 

Concerning the title deed and seal. 

Art. 32. Patents shall be issued in the name of the President 
of the Republic, by the Patent Office, and shall be signed by the 
Secretary of Fomento. In said patents shall be stated— 

The number of the patent; 

The name of the person or persons to whom the same is 
granted ; 

The term of the patent; 
. The article for which it has been granted; 

Its legal date and the date of its issuance; 

And to the patents shall be affixed the special seal of the 
Patent Office. 



328 Mexico 

The patent, together with a copy of the specification, the 
claims, and drawings, should there be any, shall constitute the 
title deed which shall prove the rights of the patentee. 

Art. 33. The patent protects only what is contained in the 
claims, the specifications and drawings, if there should be any, 
serving only to explain what said claims contain. 

Art. 34. There shall be at the Patent Office a special seal 
which shall be used to legalize the patents. 

Chapter VI. 

Concerning the official publication. 

Art. 35. The Patent Office shall publish in the ''Gaceta 
Oficial de Patentes y Marcas" (Official Gazette of Patents and 
Trade Marks) at least every two months, a list of the patents 
granted, and shall publish at least annually a special book 
which shall contain the claims and one or more drawings of 
each patent. 

Cpiapter VII. 

Concerning the examination. 

Art. 36. The Patent Office shall, upon request of the inter- 
ested parties concerning the novelty of a patent applied for, 
make an examination without guaranty. Said Patent Office 
shall report in writing the result of this examination. 

This examination may also be made upon the request of any 
person for the purpose of ascertaining whether the article which 
is sought to be patented has already been patented or whether 
it has become public property in Mexico. 

In order to obtain this examination the applicant shall pro- 
ceed in the manner prescribed by the regulations of this law. 

Chapter VIII. 

Concerning the transfer of patent rights. 

Art. 37. The rights acquired by virtue of a patent may be 
transferred, in whole or in part, by any of the legal means 
established by law, as is done in the case of any other right. 



Mexico 329 

but no transfer or any other act which implies a modification 
of said rights shall injure a third party, unless it has been 
recorded in the Patent Office. 

The regulations shall fix the fee to be paid for this registra- 
tion, which shall not exceed twenty pesos. 

Chapter IX. 
Concerning exp^^op nation. 

Art. 38. A patent of invention may be expropriated by the 
Federal Executive on the ground of public utilities by causing 
the respective invention to become at once public property, 
after the proper indemnification, subjecting the same, in so 
far as may be proper, to the same requisites which are estab- 
lished by the laws in force on the matter in case of the expro- 
priation of real estate. 

In the case of the invention of a new weapon, instrument of 
war, explosive, or, in general, of any improvements in machines 
or munitions of war which may be applied to the national de- 
fense, and which, in the opinion of the Chief Executive, should 
be kept as a secret of war, and that therefore it should only 
be used by the National Government, the said expropriation, 
upon being carried out with the same formalities established 
in the preceding paragraph, shall comprise not only the re- 
spective patent, but also the invention, even though it may not 
have yet been patented, and in such case said invention shall 
not become public property, but shall become the exclusive 
property of the Government, as well as the corresponding pat- 
ent, as the case may be. 

Art. 39. The Patent Office shall not make public any expro- 
priated patent, from the date in which it has been so expro- 
priated, in the cases referred to in the second paragraph of 
the preceding article. 

Chapter X. 
Concerning forfeiture and annulment of patents. 

Art. 40. Patents shall be considered void— 

I. At the expiration of one year referred to in article 16, if 



330 Mexico 

before the expiration thereof the fees of the second payment 
have not been paid. 

II. Upon the expiration of the second term mentioned in 
Art. 16. 

III. Upon the expiration of the term of the extension of 
time, when an extension has been granted. 

Art. 41. The Patent Office shall publish in the "Official 
Gazette ' ' the name and number of each one of the patents which 
have become void. 

Art. 42. Patents are void— 

I. Whenever they are in contravention of the provisions of 
articles 3, 4, 5, and 102. 

II. When the claims are not sufficiently clear and explicit, 
thereby rendering it difficult or impossible to determine what 
is claimed as new. 

III. When there is not sufficient clearness and precision in 
the specification and drawings so that, in the opinion of the 
expert, said specification and drawings are not sufficient, taken 
as a whole, to construct or produce what they purport to 
describe. 

IV. Whenever the object attained by virtue of the patent 
differs from that sought to be obtained. 

V. Whenever another like patent has been previously granted, 
in the country or abroad, though the same has been declared 
void. 

Art. 43. A patent can only be annulled by the judicial 
authority, and then only by reason of any of the causes enum- 
erated in the preceding article. 

Art. 44. The right to take action for the annulment of pat- 
ents appertains to anyone who considers himself aggrieved 
thereby, and to the Federal Attorney- General in cases in which 
the Federation has an interest. 

. Art. 45. The District Judges of the capital of the Republic 
have jurisdiction in actions of nullity of patents, except as 
provided in articles 46 and 62. 

Whenever the jurisdiction is within the province of the Dis- 
trict Judges, the procedure established in Chapter XIII shall 
be followed. 

Art. 46. Both nullity and forfeiture may be pleaded as a 



Mexico 331 

defense, and then the same judge before whom the proper 
action had been brought shall have jurisdiction over them. 

Art. 47. The final decision, declaring the nullity of a patent, 
shall be communicated by the court or judge that rendered it 
to the Patent and Trade Mark Office, and the latter shall order 
the same to be published in the "Official Journal" (Diario 
Oficial) and in the "Patent Gazette" (Gaceta de Patentes), 
and shall record it in the Patent Register, duly entering all 
the inscriptions relating to said patent. 

Chapter XI. 

Concerning the penal and civil responsihility incurred hy those 
ivho infringe the rights acquired hy virtue of a patent. 

Art. 48. The industrial manufacture of articles protected by 
a patent, and the employment, for a commercial or industrial 
purpose, of methods which are also protected by a patent, with- 
out the consent of the owner of the respective patent, shall be 
punished with a fine of from five hundred to two thousand 
pesos and Avith imprisonment of from one to three years, or 
either of these penalties, at the discretion of the judge. 

Art. 49. The fraudulent use, with a commercial or indus- 
trial purpose, of articles protected by a patent shall be pun- 
ished by a fine of from fifty to one thousand pesos and impris- 
onment of from six months to two years, or with only one of 
said penalties, at the discretion of the judge. 

Art. 50. It is the duty of the defendant to prove that the 
manufacture is not industrial and that the use is not commer- 
cial or industrial. 

Art. 51. A fine of from five to five hundred pesos and im- 
prisonment, or either of these penalties, at the discretion of the 
judge, shall be imposed on whoever shall fraudulently — 

I. Sell, offer for sale, or put in circulation articles protected 
by a patent and manufactured without the consent of the 
patentee. 

II. Import, for an industrial or commercial purpose, articles 
protected entirely or in part by a patent, without the consent 
of the patentee. 

III. Sell, or offer for sale, or put in circulation, any prod- 



332 Mexico 

nets secured by means of methods Avhich are protected by a 
patent, without the consent of the patentee. 

Abt. 52. Any fraudulent act which is not comprised among 
those enumerated in the foregoing articles that in any manner 
restricts, interferes, or prevents the legitimate exercise of the 
rights granted to the owner of a patent by this law, shall be 
punished with a fine of from five to five hundred pesos and 
with imprisonment, or with either of these penalties, at the 
discretion of the judge. 

Art. 53. In case of the repetition of the infringement, the 
first time the penalty shall be increased by one-half of those 
already prescribed, and upon every repetition of the offense 
said penalty shall successively be increased by one-half. 

A repeater of the infringement is anyone who has committed 
the new offense of which he is accused before five years shall 
have elapsed since the final decision declaring him guilty of any 
of the offenses named in this law, even though the prior offenses 
related to another patent dift'erent from that to which the new 
offense refers. 

Art. 54. "Whenever an offense or fault is committed not 
mentioned in this law, and the penalty of which is fixed in the 
Penal Code of the Federal District, as well as everything re- 
Jating to the general rules concerning offenses and faults, the 
degrees of the premeditated offenses, accumulation, application 
of the penalty, criminal and civil responsibility, provided that 
there is not a special provision concerning such matters in 
the present law, the rules of the said Penal Code shall be fol- 
lowed, the provisions of which, in the cases of patents of in- 
vention, are declared obligatory throughout the Republic. 

Art. 55. The criminal action for the purpose of prosecuting 
the persons guilty of the offenses to which this law refers can 
not be commenced or proceeded with, except by virtue of a 
complaint and motion of the owner of the respective patent, and 
it shall also be an essential requisite, in order to punish the 
guilty party, that the articles protected by the patent in ques- 
tion, or the Avrappers containing the same, bear a mark that 
shall indicate that the article is patented and also the number 
and date of the patent.* 

No penal responsibility shall be incurred by anyone who 
makes use of inventions which, according to the opinion pre- 



Mexico 333 

viously expressed by the Patent Office, have become public 
property. 

Nor shall said penal responsibility be incurred by anyone 
who, under the protection of a patent, makes use of inventions 
or processes which, according to the opinion previously ex- 
pressed by the Patent Office, were new w^hen the patent was 
applied for. 

Aet. 56. The infringers, in addition to the penalty prescribed 
by article 48 and subsequent articles, shall lose all the articles 
illegally manufactured and the appliances and instruments 
specially destined for the manufacture thereof, all of w^hich 
shall be awarded to the owner of the patent. In case some 
of the articles have already been sold, the guilty party shall 
be sentenced to pay to the OAvner of the patent an amount 
equivalent to the value of said products. 

Art. 57. The owner of a patent shall also have the right to 
demand from the infringers of his patent the payment of losses 
and damages, and the respective action should be brought 
before the local or Federal judge, as the case may be. The 
owner also may bring suit, as a separate case, in a criminal 
action, in accordance with the provisions of the articles relating 
to the present law concerning the judicial procedure govern- 
ing this matter. 

Art. 58. Civil actions shall be brought and carried on in 
accordance with the provisions of Chapter XIII of this law. 

Art. 59. The plaintiff shall have the right to request the 
judge to insure the articles illegally manufactured, as well as 
the appliances and instruments destined especially for the man- 
ufacture thereof, and to appoint, under his own responsibility, 
a receiver of said articles; but in order to exercise this right 
the following shall be essential requisites: 

I. That the respective patent be filed, together with the 
opinion of the Patent Office that the invention was new at the 
time the patent was applied for. 

II. The verification, by means of the corresponding title 
duly recorded in the Patent Office, that the plaintiff is the 
present owner of the patent. 

III. The verification, by any legal means, that the illegiti- 
mate mariufacture or exploitation which serves as a basis of the 
action reallv exists. 



334 Mexico 

The fact that the articles illegally manufactured are the 
same, or essentially the same, as those which are protected by 
the patent shall be proven precisely by means of the report of 
experts, which shall be signed by three experts, who shall 
ratify, under oath, their report before the judge. 

IV. To prove by any legal means that the articles protected 
by the patent in question bear the mark of being patented and 
indicate the number and date of the respective patent, or, if 
the article should not be adapted to bear said marks, to show 
that the mark of the patent and its number and date have been 
placed on the boxes or covers containing said articles on being 
sold to the public. 

V. That a sufficient guaranty be given at the discretion of 
the judge. 

During the continuance of the respective action the plain ti:ft 
shall also have the right to demand the insurance or guaranty 
mentioned in this article, provided that all the specified requi- 
sites be complied with. 

Aet. 60. In the same cases and with the same requisites 
established in the preceding article, the plaintiff shall have the 
right, whenever it should be proper to do so, to request that 
the employment of patented methods or processes be forbidden, 
and then the judge shall notify the defendant to abstain from 
using them until further ordered. In this case the requisite 
mentioned in Section IV of the aforesaid preceding article 
shall not be necessary. 

If the person notified should not comply with the order he 
shall be compelled to do so in accordance with the law, and 
if necessary he shall be ordered to close the respective factory 
or shop during the time that may be deemed necessary. 

Art. 61. The measures referred to in the two preceding 
articles, and the preliminary steps that may be taken to justify 
them, shall be issued without the presence of the party against 
whom they are taken, and under the exclusive responsibility 
of the person or party who requests them, who shall be bound 
to make the payment of the losses and damages that on this ac- 
count may be caused to the defendant, whether he brings the 
proper penal or civil action within the fifteen days following 
the date on which the guaranty or insurance is made,' or of the 
insurance of the order for the respective prohibition, or be- 



Mexico 3o5 

cause the defendant was absolved, or because of the action being 
suspended. 

. In such cases the guaranty referred to in article 59 shall be 
immediately released, or the prohibition of employing the pat- 
ented method or process to which article 60 refers shall be 
revoked. 

Art. 62. The judge having jurisdiction of the offenses re- 
ferred to in the preceding article shall also decide as to the 
nullity, forfeiture, or ownership of the patent when the latter 
are set forth as a defense against the proper penal action, and 
the respective sentence shall be communicated to the Patent 
Office. 

Art. 63. Any person who marks his product as patented 
without it really being so, shall be punished with a fine of from 
fifty to one thousand pesos and with imprisonment, or with 
either of said penalties. 

The action for the purpose of prosecuting this offense may 
be brought at the request of the interested party or of the 
Public Prosecutor, and both this action and the penalties to 
which this article refers shall be at all events officially prose- 
cuted once they have been commenced. 

Art. 64. It devolves on the Federal courts to take cognizance 
of the litigations or differences which may arise on account 
of the present law in the following cases : 

In case of the validity or nullity of the patent, or when it is 
maintained that the Chief Executive had no power to issue the 
patent, or that he issued it without the legal requisites; 

II. Whenever articles, processes, or methods which are not 
patented are advertised as having been patented; 

III. When the patent is the property of the nation; 

IV. In any other case m which the State is an interested 
party, or when the Federal interests are affected; and 

V. Whenever an attempt is made to repeal the acts or de- 
cisions of the Patent office. 

In the cases mentioned in Sections I, II, and V, the district 
judges of the City of Mexico shall have jurisdiction. 

It shall devolve on the district judges to whose jurisdiction 
the residence of the defendant belongs to take cognizance of 
the cases referred to in Sections III and IV, if it is a civil 



336 Mexico 

action, and at the place where the offense was committed, if it 
is a penal action. 

Art. 65. The proper judges, in accordance with the law, 
shall take cognizance of and decide the criminal and civil 
actions which may arise on account of the application of this 
law, but only when private interests are affected. 

Art. 66. The provisions of the preceding articles do not 
prevent the compliance with articles 46 and 62 of this law, 
whenever said provisions are applicable. 

Chapter XII. 

Procedure in order to obtain the repeal of the administrative 

decisions. 

Art. 67. Whenever the interested parties are not satisfied 
with the administrative decisions of the Department of Fo- 
mento or with those of the Patent Office, they may appeal, 
within fifteen days after having been notified of the decision, 
to any of the district judges of the City of Mexico, stating 
the reasons they have for not being satisfied therewith. 

Art. 68. If the interested party has not appealed after the 
expiration of the term referred to in the preceding article, the 
administrative decision shall prevail. 

Art. 69. The claim shall be made by filing a written docu- 
ment and a simple copy thereof, which shall be verified by the 
court. 

Said copy of the appeal shall be forwarded within twenty- 
four hours to the Patent Office, in order that the latter may 
report thereon within eight days. 

Art. 70. As soon as the aforesaid report is received, a copy 
of the same and of the claim shall be forwarded to the public 
prosecutor, in whose hands it shall remain during three days, 
in order that he may make out his petition in his capacity as 
a defendant in behalf of the Department of Fomento. 

If the presentation of proofs should be necessary, a term 
shall be fixed which shall not exceed ten days, at the end of 
which a summons shall be made within three days, at the latest, 
for a hearing, at which the judge shall take cognizance of the 
arguments of the interested parties and shall decide within five 
days, with or without the attendance of the interested parties. 



Mexico 337 

The interested parties shall have the right to appeal from the 
above decision in both instances, and the appeal shall be made 
within the term of five days, which shall not be extended. 

Art. 72. In case the interested party should appeal from 
this decision, the proceedings shall be forwarded at once to the 
proper circuit court, which only at one hearing, to which said 
court shall summon Avithin five days at the latest, shall, within 
a further term of five days, render a decision, forwarding a 
copy thereof to the Patent Office, in order that it may have 
its due effect. 

Art. 73. A copy of the final decision shall be sent to the 
court, the determination of which is under consideration. 

Art. 74. If the decision should declare unfounded the ob- 
jection of the interested parties to the administrative ruling, a 
fine of from five to twenty-five pesos shall be imposed upon the 
interested party. 

Chapter XIII. 
Procedure in civil actions. 

Art. 75. Civil actions arising out of the present law shall 
be conducted and decided at once by means of the procedure 
stated below, with the exception of the provisions of the pre- 
ceding chapter and the provisions that may be prescribed for 
criminal actions. 

Art. 76. The term in which to answer the suit shall be five 
days. 

Art. 77. No preliminary question shall be admitted unless 
it refers to the legal capacity of the parties or to the jurisdic- 
tion of the judge. 

Art. 78. Both the lack of legal capacity and the lack of 
jurisdiction shall be set forth as late as three days before the 
term granted for answering the petition. 

Art. 79. Once the question of lack of capacity is raised, the 
discussion thereof shall take place at the same proceedings, and 
the result shall be made known to the other party within three 
days. 

Art. 80. If any of the interested parties should ask for evi- 
dence, the judge shall fix the term in which to present the same, 
which in no case shall exceed ten days. 



338 Mexico 

Art. 81. Once the proofs are presented, the judge shall sum- 
mons the interested parties to a hearing, which shall take place 
within three days, in order that said interested parties may set 
forth at said hearing whatever may be best in support of their 
right. 

Art. 82. The summons to said hearing shall serve as a sum- 
mons for the final decision that the judge shall render within 
three days, whether the interested parties have attended the 
hearing or not. 

Art. 83. In case no proofs have been asked for, the judge 
shall decide simply by virtue of the hearing. 

Art. 84. Once the question of lack of jurisdiction is raised, 
it shall be thoroughly discussed in accordance with the provi- 
sions of the Federal or local codes of civil procedure, as the 
case may be. 

Art. 85. Peremptory pleas shall be made on answering the 
suit, and shall be decided together with the principal question. 

Art. 86. The compensation and the charge shall not be per- 
mitted, except when the action upon which they are based is 
also subject to summary proceedings. 

Art. 87. The term in which to present the proofs concerning 
the main question shall be twenty days, which may be extended 
for a period of fifteen days, at the discretion of the judge, and 
within said period the objections to the witnesses and instru- 
ments shall be set forth and proved. 

Art. 88. In case some of the interested parties should object 
to a document that may be of notorious influence in the suit, 
the question shall be continued by a separate cause without sus- 
pending the proceedings, but no final decision shall be rendered 
concerning the principal point, except when the question is set- 
tled by virtue of a decision producing the final sentence. 

Art. 89. If it should be alleged that one of the documents 
is false, the judge who has jurisdiction in the proceedings shall 
cause said document to be ta]?:en out, leaving a certified copy in 
its place, and shall send said document to the judge of the 
criminal court or to the judge of the district court, as may be 
proper, and he shall sign the same, together with the secretary 
or the witnesses in attendance, as the case may be. 

If the judge who takes cognizance of the principal action 
exercises a combined jurisdiction, he shall cause the document 



Mexico 339 

to be taken out of the proceedings, conducting by a separate 
proceeding the proper criminal action. 

Art. 90. In the first case, before the transfer to the proper 
judge is made and before commencing the criminal action in 
the second case of the same article, the party who has filed the 
document alleged to be false shall be requested to state whether 
he pretends that the same shall be taken into consideration or 
not. If he should insist in rendering it valid, the action shall 
be suspended in whatever stage it may be until a final decision 
is rendered on the question of falsity; and if the party should 
not insist on said document being taken into consideration, the 
same shaU be sent to the proper judge or the operation of taking 
off the document shall be effected in order to begin the re- 
spective criminal proceedings without suspending the course of 
the civil proceedings. 

Art. 91. Once the term for the presentation of proofs or the 
extension of time, as the case may be, has expired, the proofs 
shall at once be ordered published, each of the parties having 
access to the proceedings during three days in order to enable 
them to make their allegations in a hearing which shall take 
place three days afterwards, at the latest. 

Art. 92. At the end of said hearing a summon shall be made 
in order to render the final decision, which shall be given within 
the following five days. 

Art. 93. The appeals taken against the rulings and decis- 
ions rendered in this class of cases do not suspend the execu- 
tion of the same. 

In said proceedings the appeal shall be made within three 
days, which term can not be extended, and in case of decision, 
said appeal shall be made within the term of five days, which 
likewise can not be extended. 

Chapter XIV. 

Procedure to he followed in criminal actions. 

Art. 94. Criminal actions brought in accordance with the 
present law, if they are brought before the Federal judges, 
whenever they have jurisdiction, shall be discussed as other 
criminal actions are discussed at present, until the Code of 
Federal Procedure on criminal practice is issued. 



340 Mexico 

Art. 95. When the same actions have to be brought before 
the local judges of the Federal district of the States or Terri- 
tories, in accordance with article 97 of the Constitution and the 
present law, the procedure shall be that which is in force in 
accordance with the laws of each of said States or Territories. 

Art. 96. The civil action incident to the criminal action 
established by this law, may be conducted at the same time and 
before the same court which takes cognizance of the criminal 
action; but if the civil action should reach the stage of a de- 
cision before the criminal action is finished, the civil case shall 
be suspended until the criminal action is in the same stage, in 
order that both actions may be disposed of in the same decision. 

Art. 97. If the civil action is not ready for decision, and 
consequently, would not be decided at the same time as the 
criminal action, the judge of the civil court selected by the 
plaintiff shall afterwards take cognizance thereof, unless the 
judge who had taken cognizance of the criminal action exercises 
a combined jurisdiction. 

Art. 98. The civil action shall be commenced and continued 
separately before the proper court— 

I. Whenever an irrevocable decision has been rendered in 
the criminal action without having commenced in due time the 
civil action in the criminal proceedings. 

II. ^Tienever the defendant has died before instituting the 
criminal action. 

III. Whenever the criminal action, has expired by limitation 
and the civil action is still in existence. 

Art. 99. Whenever the interested party has initiated the 
action on account of a civil responsibility in the criminal action, 
the question shall be discussed in accordance with article 76 
and following ones. 

Art. 100. If the criminal action is brought before the local 
courts, the question concerning civil responsibility shall be dis- 
cussed as provided for in the respective local law. 

Chapter XV. 

Concerning publication and museum. 

Art. 101. The Patent Office shall publish a newspaper en- 
titled the ''Official Gazette of the Office of Patents and Trade 



Mexico 341 

Marks," in which paper shall be published the patents and 
trade marks granted, as well as everything else relating to 
them. Besides, it shall publish the indexes, reports, and other- 
publications relating to the subject. 

A public museum shall be established in order that there may 
be deposited therein all the samples of apparatus, plans, de- 
signs, drawings, specifications, products, and appliances relat- 
ing to the patents of inventions issued. 

Chapter XVI. 

Concerning patents hy industrial samples or drawings. 

Art. 102. Is patentable: 

Every new form of an industrial product, piece of machinery, 
tool, statue, bust, high or low relief which, either by its new 
artistic arrangement or by the new arrangement of the ma- 
terial, constitute a new and original industrial product. Any 
new drawings used for the purpose of industrial ornamenta- 
tion, in any substance, and arranged thereon by printing, paint- 
ing, embroidering, knitting, sewing, moulding, casting, engrav- 
ing, mosaic, inlaying, embossing, discoloration, or any mechan- 
ical, physical, or chemical means, in such manner as to give to 
the industrial products used in the drawings a peculiar and 
becoming appearance, shall also be patentable. 

Art. 103. Whenever a patent is applied for by means of an 
industrial sample or drawing, a sample or model shall be sent 
to the Patent Office, in addition to the papers or documents 
specified in article 9 of this law and those specified in the regu- 
lations of the same law. 

In case the drawing or drawings illustrating the drawing or 
model sought to be patented are difficult to copy, the Patent 
Office may accept photo-engravings or photographs. It shall 
also be able to dispense with the model or sample when the 
execution of the same is difficult and when the drawings are 
sufficient to give an accurate and precise idea of the invention. 

Art. 104. Patents applied for by means of industrial draw- 
ings and models shall be granted for a term of five or ten years, 
at the option of the applicant. These terms can not Be ex- 
tended. 



343 Mexico 

Art. 105. The fees charged for patents applied for by means 
of industrial drawings or models are the following: 

I. For five years, five pesos. 

II. For ten years, ten pesos. 

The above fees shall be paid in Federal revenue stamps in 
the manner prescribed by the regulations. 

Art. 106. Patents applied for by means of industrial draw- 
ings or models lapse when the term for which they were granted 
expires. 

Art. 107. All the provisions relating to patents of invention 
are applicable to those of industrial models and drawings, ex- 
cept as provided in articles 3, 15, 16, 17, and 18. 

Chapter XVII. 
Transitory articles. 

Art. 108. This law shall go into force on the first of October 
of the present year. 

Art. 109. Those who have applied for a patent before this 
date, and who have not yet been requested to pay the proper 
fees in order that the respective title be issued in their favor, 
shall have the term of one month, counting from the same date 
in which the law was declared in force, to make known to the 
Patent Office whether they wished the patent to be issued, tak- 
ing as a basis the application and documents which they have 
filed, or whether they want to amend both the application and 
the documents, as to their form, in order to make them corre- 
spond with the new law, and to make this amendment they sh'all 
have another term of one month, which can not be extended, 
counting from the date of the petition. 

Any modification that the applicant should make in exercis- 
ing this privilege in the principle of the invention, shall render 
the patent void. 

Art. 110. When any one of the two terms prescribed in the 
preceding article shall have expired without the applicant hav- 
ing exercised the right for which said terms were respectively 
established, such right shall be considered abandoned and the 
patent shall be issued, taking as a basis the application and 
document just as they were filed from the beginning, however 
imperfect they may be. 



Mexico 343 

Aet. 111. The patents issued in accordance with the provi- 
sions of the two preceding articles shall be subject, both as 
regards the manner of their issuance and as to their legal 
effects, to the new law and just as if the respective applications 
had been filed when the law was already in force, except as 
provided in the following article. 

Art. 112. The legal date of these patents shall be— 

I. In case the interested parties in exercising the right 
granted to them by article 109 should modify their first appli- 
cation, the legal date of the patent shall be that in which the 
applicants shall file their respective modified applications and 
documents within the term of two months established by said 
article, for that purpose. 

II. In case the interested party should not expressly or 
tacitly exercise such prerogative, the date of the patent shall 
be the same as that in which this law shall commence to be in 
force; but whenever in the case of two or more patents which 
are in similar circumstances, it should become necessary to de- 
termine to which of them belongs the priority of time, the 
chronological order in which the respective applications were 
actually filed shall then be taken as a basis. 

Art. 113. Those persons who before this law was in force 
were notified that they should make the payment of the re- 
spective fees in order that the proper patent may be issued to 
them, and who have not made such payment, shall be granted a 
term of three months in which to make said payment, which 
term shall not be extended, counting from the date in which 
this law shall commence to be in force, with the understanding 
that should they fail to do so, the respective application shall 
be regarded as not having been filed and the corresponding 
invention as having become public property. 

The list of the application still pending in such cases shall 
be published in the "Official Patent Gazette." 

Art. 114. The patents issued because of the interested party 
having made the payment of the respective fees within the term 
fixed for that purpose in the preceding article, shall be issued 
in the manner prescribed by the law of the 7th of June, 1890, 
and shall produce the same effects prescribed by the same law 
and its amendment of the 27th of May, 1896, exactly the same 



344 Mexico 

as if they had been applied for, acted upon, and issued before 
the present law was in force. 

Art. 115. The patents that should be in force when this 
law goes into effect shall continue to produce the same effects 
and shall be subject to the same provisions provided in the 
law of the 7th of June, 1890, and its amendment of May 27, 
1896. 

Art. 116. The owner of one of those patents referred to in 
the two preceding' articles, has the right to submit to the new 
law whenever he shall make known to the Patent Office his desire 
to do so within the term of six months, which can not be ex- 
tended, counting from the date on which this law is declared in 
force. 

• Said submission shall be solely and exclusively for the future, 
and consequently, shall not naturally imply the right to alter 
or modify the legal date of the patent, the right of requesting 
the refunding of the amount paid as fees or taxes in accord- 
ance with the law which heretofore has been in force, nor the 
obligation of continuing to pay the fees referred to in the 
amendment of May 27, 1896 ; for inasmuch as the effects of said 
submission must be solely and exclusively for a future date, 
they naturally should comprise not only the prerogatives and 
rights thereby granted, but also the obligations and restrictions 
established by the new law. 

Art. 117. From the date on which this law shall go into 
effect the provisions contained in the first paragraph of article 
26 of the Commercial Code, shall not be applicable to the regis- 
tration of the patents of invention in the Commercial Register, 
and a term of six months, which can not be extended, is pre- 
scribed, counting from the same date, in order that the titles 
of the patents that are already registered in accordance with 
the provisions of Section III of article 21 of the said code, be 
filed for their inscription in the Patent Office, with the under- 
standing that should they fail to do so, the inscriptions named 
in the aforesaid office shall be preferred to those made in the 
Commercial Eegister, although the date of the latter may be 
previous to the former. 

Art. 118. The registration of industrial models and draw- 
ings made heretofore in accordance with the law of the 28th 
of November, 1889, shall continue to produce the same effects 



Mexico 345 

which said law recognizes, but the interested parties wishing to 
enjoy the benefits of the present law may do so, provided that 
within the term of one year, counting from the date on which 
this law commenced to be in force, they shall apply for a new 
registration, in accordance with the provisions of this law, and 
renounce the effects of the previous registration. 

Art. 119. The registration of the industrial models and 
drawings, which are still pending decision when this law goes 
into effect, shall continue the necessary steps in order to obtain 
a decision in accordance with the law which has heretofore been 
in force, and the registrations shall produce the same effects 
which they have hitherto produced; but if no objection thereto 
is pending, the interested parties may at once submit to the 
requisites demanded by the new law concerning this kind of 
registrations, and thus they will also enjoy at once the benefits 
of this law. 

Art. 120. The proceedings of the industrial models and 
drawings still pending on account of the objection which may 
have been made against them shall be continued, pursuant to 
the law of the 28th of November, 1889, until the respective ob- 
jection is definitely decided. 

If the decision is favorable to the applicants, the latter may 
exercise the right granted to them by the preceding article, 
provided they do so within the term of fifteen days, counting 
from the date in which they are legally notified of said de- 
cision. 

Art. 121. The law of the 7th of June, 1890, the amendment 
of the 27th of May, 1896, and all the other regulations pro- 
mulgated on this subject, are hereby entirely and wholly re- 
pealed. 

Therefore, I hereby order that it be printed, published, cir- 
culated, and duly complied with. 

Issued at the Palace of the Executive Power of the Union, at 
Mexico, on the twenty-fifth of August, nineteen hundred and 
three. 

Porfirio Diaz. 
Gen. Manuel Gonzalez Cosio, 

Secretary of State and of Fomento, 

Colonization, and Industry. 



346 Mexico 

EULES OF PATENT-LAW PROCEDURE. 
(September 24, 1903.) 

PoRFiRio Diaz, Constitutional President of the United States 
of Mexico, to the inhabitants thereof, know ye: 

That, in the exercise of the constitutional faculty of the 
Executive and in conformity with the provisions of the law of 
the 25th of August of the present year, I have seen fit to issue 
the following regulations of the patent law: 

Article 1. Whoever desires to obtain a patent shall file per- 
sonally, or by means of an attorney, in the Patent Office, an 
application accompanied by the following documents: 

I. A description. 

II. A claim. 

III. A drawing or drawings, if the same require it. 

IV. Two copies of these documents. 

Art. 2. Of the documents presented in conformity with the 
foregoing article, a receipt shall be given to the applicant in 
which shall be stated the date and hour in which the same were 
filed, the corresponding serial number, and the term during 
which the interested party shall appear or present himself in 
the Patent Office in order that he may be notified of the result 
of the examination referred to in article 10 of the law, and 
when to pay the required fiscal fees. 

Should the interested party fail to comply with the terms and 
requirements set forth in this receipt, the case shall be consid- 
ered as abandoned. 

Art. 3. The application shall be made according to the cor- 
responding models annexed to these regulations. 

When a patent is jointly applied for by several persons, there 
must be stated in the respective application, in the first place, 
the name of the person who represents the others, and it must 
so be set forth in the specifications. 

Art. 4. (a) The specification must begin with the name of 
the inventor or inventors, the profession of the same, should he 
or they have any nationality, domicile, and place in the City 
of Mexico for receiving notifications. 



Mexico 347 

(&) Then follows the name, nature, and object of the inven- 
tion, with an enumeration of the drawings. 

(c) After this the invention must be described in a com- 
plete, clear, and exact manner and as concisely as possible, 
avoiding all kinds of digressions and adhering strictly to the 
object thereof. Under no pretext shall an attempt be made to 
give a demonstration of a mathematical, philosophical, or of 
any other nature whatever, concerning what is described or 
affirmed. 

(d) At the end of the specification there must be added the 
claim. 

(e) The claim must be signed by the inventor or his repre- 
sentative. 

(/) The corresponding models annexed to these regulations 
must be strictly followed. 

Art. 5. The claim must define and express clearly and with 
all exactness the process, combination, or product which con- 
stitutes the invention or the organ or piece that forms the essen- 
tial part of the invention, indicating at the same time the 
relation which it may have to another or other organs or ele- 
ments which are not the direct object of the patent. 

Art. 6. The drawings must be made on white paper of the 
thickness of three-sheet Bristol board, having a smooth and 
compressed surface approximately 380 millimeters in height by 
254 millimeters in width. A heavy line, 25 millimeters from 
the edge of the paper, shall form a frame or body within which 
the drawing must be made. In the upper part of this frame 
or body and within it, shall be left a blank space of 25 milli- 
meters, approximately, in order that the Patent Office may 
place therein the name of the invention, the serial number of 
the same, etc. The interested party shall write with a soft 
pencil on the back of the sheet the title which he has given to 
his invention. 

In the lower part of the body or frame, and to the right side, 
he shall sign. 

(a) Preferably care should be taken so that one of the nar- 
row sides of the paper remains as the upper part thereof; but 



348 Mexico 

if it be considered better to take one wide side of the paper 
as the npper side thereof, it may be done. 

(&) If a sheet is not sufficient, several may be used, but in 
at least one of these the complete invention must appear. 

(c) Only China ink and graphite shall be used, taking care 
that the ink be absolutely black. Shading should be avoided as 
much as possible, and whenever the same is absolutely neces- 
sary it should be done with the least possible number of lines. 

(d) It shall be assumed that the light comes from the left- 
side upper angle of the paper at 45°, so that the lines formed 
on the side of the shade shall be represented heavier than those 
on the side of the light. 

(e) It is preferable at all events, and is specially recom- 
mended, to present the invention in one single drawing of the 
largest possible size, in a conventional and free perspective view, 
without the necessity of being subjected to any scale, not even 
among the parts of one and the same figure, considering always 
that what is desired above all things is clearness. 

(/) If it is considered necessary to show one or several 
sections, they must be indicated in the general drawing by 
means of dotted or dash lines, or dash and dotted lines, always 
taking care to mark in the section the reference sign or letter 
of the line to which it corresponds. 

(g) The pieces shown in section must be marked by means 
of oblique lines at least 1.5 millimeters from each other. 

(h) The signs must be letters or numerals the size of which 
in no case shall be less than 3 millimeters. If there are places 
where they can not be put or where it is feared that they may 
cause confusion, they should be placed as near as possible and 
united to the point which they indicate by the broken or curved 
line. 

(i) If in spite of this it is necessary to place a sign or letter 
in a space marked by means of oblique lines, a small circle must 
be left in blank in order to place in it the sign. 

(i) Whenever there are pieces or details, which in general 
figure are shown too small, they must be marked by means of 
only one letter or sign and present them sufficiently amplified 
in special figures marked by the same sign. 

Art. 7. The duplicate must be made on tracing cloth and 
with China ink. 



Mexico 349 

Art. 8. Whenever, in the patents solicited by means of draw- 
ings or models, photographs instead of drawings are admitted, 
the latter and their duplicates shall be made precisely on blue 
paper or other unalterable heliograph. The paper must be of 
the dimensions already stated. 

Besides, a negative shall be delivered, which must be made on 
pellicle, preferably thick. 

Art. 9. The drawings shall not be folded, but shall be pre- 
sented stretched between two thick pieces of pasteboard. 

Art. 10. The indications of the drawings annexed to these 
regulations shall be followed in toto. 

Art. 11. Wlioever in the case referred to in section I of 
article 5 of the law, desires to secure the rights to which said 
section refers, must send to the Patent Office a specification, 
claim, and drawings of the object or article which is going to 
be exhibited, and the Patent Office shall give to him a pro- 
visional receipt. 

The specification, the claim, and the dra^vings must be made 
in conformity with what has already been provided in the law 
and the regulations, and shall be those which must be utilized 
or used in the application of the patent. 

Art. 12. Two or more independent inventions can not be 
patented in one single patent : but when several different inven- 
tions are related to each other in one single machine or process 
and mutually contribute to produce only one single or unique 
result, they can not be solicited only in one patent. 

Art. 13. In general, every organ or conjunction of organs 
which is susceptible of exploitation separately and the utiliza- 
tion of which is not absolutely obligatory with the machine in 
which they are used constitutes the object of an individual 
patent. 

Art. 14. A machine and its products must be the subject- 
matter of independent patents. 

Art. 15. A machine and the process in which it is used arc 
subject-matters of independent patents. 

Art. 16. A process and its products may be patented only 
in a single patent. 

Art. 17. An industrial drawing and the process to obtain 
the same are subject-matter of two independent patents. 



350 Mexico 

Art. 18. An industrial model and the process to obtain the 
same are subject-matter of two independent patents. 

Art. 19. A process in which a substance or organ necessi- 
tates other or another or other processes in order to obtain it, 
requires two or more patents; but if the substance results as 
a necessary consequence of the same process, one single patent 
will be sufficient. 

Art. 20. In every doubtful case preferably two or more pat- 
ents must be solicited. 

Art. 21. If the result of the examination referred to in 
article 10 of the law and article 2 of these regulations, should 
be favorable (or satisfactory), the interested party must pre- 
sent to the Patent Office, within the term indicated or fixed to 
this end in the receipt of documents, a 5-pesos stamp with the 
reseal of "Patents" (Patentes) which corresponds to the pay- 
ment of the Government or fiscal fee for the first term or install- 
ment of one year, and he shall adhere it and cancel the same 
in the manner that may be indicated to him. 

Art. 22. Any working day during the first term of one year 
the interested party may ask the definite patent. 

In order to do this he must present in the Patent Office three 
10-peso stamps with the reseal or stamp "Patents," and one 
5-peso stamp equally resealed, adhering them in the manner in- 
dicated to him and duly canceling them. 

The Patent Office shall proceed to issue to him the correspond- 
ing title deed. 

Art. 23. The patents shall be inscribed in a special register 
or record. 

Art. 24. Anyone desiring to obtain the extension of time 
referred to in article 18 of the law, must address a petition to 
the Patent Office on any working day during the penultimate 
half-yearly term of the natural term of the patent sought to be 
extended, and shall attach to said petition all the documents 
that may be deemed necessary in order to prove that the patent 
has been at least two years in uninterrupted exploitation in the 
country, stating the other reasons on which the petition is 
based. 

The Patent Office shall forward the petition and document to 
the Department of Fomento, with the report or opinion that it 
may deem proper. 



Mexico 351 

If the Department should find any obscurity in the docu- 
ments or any deficiency in the proofs rendered, it shall grant 
to the interested party, through the Patent Office, a term of no 
less than eight days and no longer than a month, in order that 
within it the applicant may make the declaration or furnish 
the new proofs that may be necessary. 

After the expiration of said term, whether the interested 
party avails himself of it or not, the Department shall definitely 
resolve whether the prorogation solicited shall be granted or 
not. 

Art. 25. The Patent Office shall give notice to the interested 
party of the result of his petition. If the latter is favorable, 
the interested party shall adhere to the documents that may be 
indicated to him the number of stamps with the restamp ''Pat- 
ents" (Patentes), which shall cover the fees fixed by the Ex- 
ecutive, duly canceling said stamps. 

This notice and the stamps covering the fees must be pre- 
sented to the Patent Office before a month from its date, ac- 
companying the title deed of the patent in order to note therein 
the prorogation, with the understanding that should he fail to 
do so, the right to that privilege shall be considered forfeited. 

Art. 26. In order to ask the examination referred to in 
article 36 of the law, a petition must be presented with one 
50-cent document stamp canceled by the petitioner, and he shall 
adhere to the document that may be indicated to him two 10- 
pesos stamps with restamp bearing the word ''Patents" (Pat- 
entes), duly canceling them. The Patent Office shall send to 
the interested party a document bearing the number and date 
of the patents which in his opinion are equal or similar to that 
which has been solicited or the quotations and indications that 
he may deem pertinent. 

The applicant shall clearly indicate his domicile in his peti- 
tion. 

Art. 27. The Patent Office shall fix the prices at which it 
shall sell to the public printed copies of the patents granted. 

Art. 28. The application in which the registration of some 
of the acts to which article 37 of the law refers is requested, 
shall be accompanied by a 5-pesos stamp with the restamp 
"Patents" (Patentes), which the interested party shall adhere 



352 Mexico 

to the document that may be indicated to him, duly canceling 
said stamp. 

Art. 29. Under no pretext shall it be possible to demand the 
return of documents of any kind or the fees paid in cases of 
forfeiture, annulment, abandonment, or when for any other 
motive or reason the patent should not be declared in force. 
Neither shall anyone have the right to demand the return of 
the copy or model that he may have delivered to the Patent 
Office. 

Art. 30. Whenever the title of ownership of a patent is lost 
or destroyed, the replacement thereof may be requested. In 
order to do this the interested party shall cause a copy of the 
description, claim, and drawings to be made at his expense, and 
shall pay as fees 15 pesos in stamps with the restamp "Patents" 
(Patentes), and he shall adhere said stamps to the document 
that may be indicated to him, duly canceling them. 

In the new title deed it shall be stated that it is a duplicate. 

Art. 31. In case the Patent Office should manifest its con- 
formity with the regularity of the documents presented, relat- 
ing to a patent granted by an industrial model or drawing, the 
interested party shall present to the Patent Office, within the 
term that for such purpose may be indicated to him in the 
receipt of the documents, a 5-pesos stamp with the restamp 
"Patents" (Patentes), if a five-years' patent is desired, or a 
10-pesos stamp, equally restamped, if he desires a ten-years' 
patent, and he shall adhere said stamp to the document that 
may be indicated to him and cancel the same. 

Art. 32. The application, the description, claims, and the 
duplicates thereof, as well as all the documents, notes, etc., 
presented to the Patent Office, shall be written only on one side 
and on paper of 330 by 215 millimeters precisely, written on 
a typewriter and in blue or dark violet fixed ink, or well 
printed. 

To the left a margin should be left equivalent to one-fourth 
the width of the paper. 

Therefore I order that it be printed, published, circulated, 
and duly complied with. 

Given at the Palace of the Executive Power of the Union, 
in Mexico, on the 24th of September, 1903. 



Mexico 353 

PoRFiRio Diaz. 
MEXICO TRADE MARK LAAV. 
(August 25, 1903.) 

PoRFiRio Diaz, Constitutional President of the United States 
of Mexico, to the inhabitants thereof, greeting: 

That, by virtue of the power granted to the Chief Executive 
of the Union by the decree of Congress of 'May 28 of the present 
year to amend the patent, trade mark, and other laws on indus- 
trial property now in force, I have seen fit to issue the fol- 
lowing trade mark law: 

Ch^vpter I. 

Definition, registration, and nullity. 

Article 1. A trade mark is the characteristic and peculiar 
sign or name used by the manufacturer, agriculturist, or mer- 
chant in the articles which he produces or sells for the purpose 
of distinguishing them and to indicate their origin. 

A trade mark may be especially constituted by the names 
under a peculiar form, the denominations, labels, wrappers, 
packages or holders, stamps, seals, vignettes, borders, raised 
embroidery, filigree, engravings, coat of arms, emblems, reliefs, 
figures, mottoes, etc., it being understood, however, that this 
enumeration is simply made for the purpose of illustration, the 
application of trade marks not being limited to said articles. 

Art. 2. In order to 'obtain the exclusive rights to the use of 
a trade mark it shall be necessary to register the same in the 
Patent and Trade Mark Office and otherwise comply with the 
formalities established by the present law and the regulations 
thereof. 

Art. 3. AYhoever desires to register a trade mark shall file 
with the Patent and Trade Mark Office an application, accom- 
panied by the following: 

I. A description of the trade mark, concluding the same with 
the proper reserv^ations of the same. In said description shall 
also be stated the f ollo^ving data : The name of the owner, the 
name of the manufactory or business, should he have any, the 



354 Mexico 

place where the latter are situated, and the description of the 
articles or products to which the trade mark shall be applied. 

Should the interested party deem it necessary, a description 
and drawings of said articles or products may also be attached. 

II. Two copies of the foregoing document; 

III. A facsimile or cut of the trade mark; and 

TV. Twelve samples of the trade mark, exactly alike, shall 
be used. 

Art. 4. Every Mexican or foreigner can register a trade 
mark. To do so, he must apply to the Patent and Trade Mark 
Office in person or through an attorney. 

Corporations, companies, and all other legal entities gener- 
ally, have the same right. 

The representation and qualification of an attorney may be 
verified by a simple letter, serving as a power of attorney, 
which shall be signed before two witnesses, and the office may 
demand the ratification of the signatures of said letter when- 
ever it may deem convenient to do so. 

Art. 5. The following can not be registered as trade marks: 

I. Generical names or titles, when the trade mark is intended 
to protect articles embraced in the group or class to which the 
name or title refers, inasmuch as the essential requisite, in 
order that a title or name may serve as a trade mark, is that it 
be capable of indicating or distinguishing the articles thus pro- 
tected from other articles of precisely the same description or 
kind. 

II. Everything that is contrary to morals, good customs, or 
to the laws of the country, and everything that may tend to 
ridicule ideas, persons, or articles worthy of consideration. 

III. The national coat of arms, escutcheon, and emblems. 
TV. Weapons, escutcheons, and emblems of the States of the 

Federation, national or foreign cities, foreign nations and states,, 
etc., without their respective consent. 

V. The names, signatures, seals, and pictures of private per- 
sons, without their consent. 

Art. 6. The registration of a trade mark shall be renewed 
every twenty years. The delay in making said renewal shall 
not result in the loss of the rights to the exclusive use of the 
trade mark, but the interested party thereby incurs an increase 
in the Government fees which he shall have to pay in accord- 



Mexico 355 

ance with, the provisions of the regulations, and until said re- 
newal takes place the interested party shall have no right to 
bring a criminal action against or prosecute those who should 
improperly use or counterfeit the trade mark. 

Art. 7. The registration of a trade mark shall commence to 
be in force from the date on which the respective application 
and documents shall have been duly filed with the Patent and 
Trade Mark OfBce. 

Art. 8. The trade mark, the registration of which, is applied 
for in Mexico within four months after having been applied 
for in one or several foreign countries, shall be regarded as 
having been registered on the same date in which it was regis- 
tered in the first foreign country in which it may have been 
previously registered, provided that said first country grants 
this same right to Mexican citizens. Hence every trade mark 
registered in Mexico under these conditions shall have exactly 
the same power and shall produce the same effect that it would 
have if it had been registered on the same day and hour in 
which it was registered in the first foreign country. 

Art. 9. The registered trade mark shall bear thereon visible 
inscriptions, which shall respectively read: 

I. Those used by manufacturers, merchants, agriculturists, 
etc., '^ Registered Trade Mark," or the same words written in 
abbreviation, together with the number and date of the regis- 
tration. 

II. Those used by merchants shall read "Registered Com- 
mercial Trade Mark," or the same words written in abbrevia- 
tion, together with the number and date of the registration. 

III. Whenever the trade mark consists of names, titles, in- 
scriptions, etc., or of monograms or abbreviations, or when, con- 
sisting of signs which are not letters, said marks should bear 
the names, titles, etc., or monograms or abbreviations, said 
marks shall necessarily bear in a conspicuous or visible manner 
the name of the OT\Tier of the industry or trade, the name of the 
business, manufactory, etc., should he have any, and the place 
where the latter are situated. 

Art. 10. The registration of a trade mark shall be made 
without an examination as to its novelty under the exclusive 
responsibility of the applicant and without prejudice to third 
parties. 



356 Mexico 

The Patent and Trade Mark Office shall make a merely ad- 
ministrative examination of the documents filed, in order to 
satisfy itself as to whether they are complete and comply, con- 
cerning their form, with the requisites provided by this law and 
the regulations thereof. 

If the Patent and Trade Mark Office should find that the 
documents do not comply with the requisites as to their form, 
the examination of which it is the duty of said office to make, 
that the trade mark does not bear the inscriptions referred to 
in section third of article 9, or that the article or thing sought 
to be registered is comprised in the provisions of article 5, m 
its section two and three, shall regard the documents as not 
having been filed and shall make known this fact to the inter- 
ested party by means of a notice. 

Should the interested party not be satisfied, he may appeal 
to the courts, in accordance with the provisions of chapter 3 of 
this law. 

Should the Patent and Trade Mark Office be satisfied with 
the correctness of the document filed, it shall so advise the 
interested party by means of a notice. 

Art. 11. The certificate of registration of a trade mark shall 
be issued by the Patent and Trade Mark Office. This certificate 
duly legalized, together with the documents attached thereto, 
constitutes the title which proves the right to the exclusive use 
of the trade mark. 

Art. 12. Registered trade marks can be transferred and sold 
or disposed of like any other right ; but it shall be an essential 
requisite to state thereon the name of the transferee when said 
trade marks are comprised in the case to which section third of 
article 9 refers. 

The transfer thereof shall be registered in the Patent and 
Trade Mark office, and without this requisite it shall have no 
effect against a third party. 

Art. 13. The transfer of a trade mark implies or carries with 
it the right of industrial or commercial exploitation of the 
industrial product or commercial articles protected by said 
trade mark. 

Art. 14. The change of place of the establishment where 
the articles protected by a trade mark are manufactured or 
sold, or the fact of their being manufactured or sold in a factory 



Mexico 357 

or manufactory different from that in which they were manu- 
factured or sold before, shall be recorded in the Patent Office 
and shall also be stated in the respective trade mark when the 
latter shall bear the inscription referred to in Section III of 
article 9. 

Art. 15. The registration of a trade mark shall be void 
whenever the same has been made in contravention of the pro- 
visions of this law and the regulations thereof, or when said 
trade mark had been previously registered by somebody else, 
if more than two years have elapsed since said registration, or, 
tAvo years not having yet elapsed, another had made the regis- 
tration with a better right. 

Art. 16. The action requesting the nullification of a trade 
mark may be brought by anyone who considers himself injured 
by said registration, and by the Public Prosecutor, in cases of 
general public interest. 

Art. 17. The final sentence declaring the nullity of a trade 
mark shall be communicated to the Patent and Trade Mark 
Office by the judge who had cognizance of the case, and shall 
be published in the "Official Gazette of Patents and Trade 
Marks.'' 

Chapter II. 
Penalties. 

Art. 18. Whosoever applies to the articles that he manu- 
factures or sells, a trade mark already legally in favor of an- 
other person, for the purpose of protecting similar articles, 
shall be punished with imprisonment of one or two years and 
with a fine of from 100 to 2,000 pesos, or with either of these 
penalties, at the discretion of the judge. 

The same penalty shall be imposed on whosoever, in a like 
manner, and as provided by the preceding paragraph, should 
apply to his articles or merchandise a trade mark which should 
prove to be an imitation of the trade mark legally registered, 
in such a way that it may be mistaken at first sight for the 
legal trade mark, and when only by means of a thorough ex- 
amination can one be distinguished from the other. 

The same penalty shall be imposed on whosoever applies to 
"his articles or merchandise a trade mark that, though legally 



358 Mexico 

registered, is made to appear as being another trade mark, by 
reason of any addition, subtraction, or modification. 

Art. 19. Whosoever, without being the author of the acts 
or deeds enumerated in the preceding article, fraudulently sells, 
offers for sale, or puts in circulation articles or merchandise 
marked in the manner stated in the same article, shall be pun- 
ished with imprisonment and fine, or with either of these pen- 
alties, at the discretion of the judge. 

Art. 20. Whoever, without committing any of the offenses 
stated in the two preceding articles, should use a trade mark, 
which either by its simple appearance or by virtue of the in- 
scriptions or remarks accompanying the same, might cause the 
public to make an error concerning the origin of the articles 
whereon said trade mark had been applied, shall incur in the 
penalty of imprisonment of one or two years, and a fine of 
from 100 to 2,000 pesos, at the discretion of the judge. 

Art. 21. He who fraudulently sells, offers for sale, or puts 
in circulation articles bearing a trade mark possessing the ir- 
regularities stated in the foregoing article, shall be punished 
with imprisonment and fine, or wdth either of these penalties, 
at the discretion of the judge. 

Art. 22. When, in the case mentioned in the two foregoing 
articles, the trade mark had been registered in the Patent Office, 
such fact shall be regarded as a fourth-class offense. 

Art. 23. Whosoever applies to his articles or merchandise 
trade marks, "labels," etc., whereon false statements are made, 
either in an open or deceitful manner, concerning the character 
and composition of the articles protected by them, shall be 
punished with imprisonment of from one to two years, and a 
fine, or with either one of these penalties, at the discretion of 
the judge; and whosoever shall fraudulently sell, offer for sale, 
or put in circulation articles or merchandise thus marked, shall 
incur imprisonment and a fine. 

Art. 24. He who, having a legally registered trade mark, 
should fail to attach to the same the inscription provided for 
in Section III of article 9, or should fail, whenever necessary, 
to make the statement or note referred to in the final part of 
article 14, shall incur imprisonment and a fine, or in either one 
of these penalties, at the discretion of the judge ; and whosoever 
should write false statements shall also be punished with the 



Mexico ' 359 

same penalty specified in article 20, and shall likewise be in- 
cluded in the case mentioned in article 22. 

Aet. 25. Whosoever should put on a trade mark the state- 
ment that the same is registered at the Patent and Trade Mark 
Office, without it being actually so registered, shall incur im- 
prisonment and a fine, or either one of these penalties, at the 
discretion of the judge. 

Art. 26. In case an offense should be repeated, the first time 
said repetition takes place the prescribed penalties for such 
offense shall be increased by one-half, and upon every repeti- 
tion said penalty shall be successively increased by one-half. 

A repeater is anyone who has committed the new offense of 
which he is accused before five years shall have elapsed since 
the final decision which declared him guilty of any of the 
offenses mentioned by this law, even though the previous of- 
fenses had relation to another patent different from that to 
which the new infringement or offense refers. 

Art. 27. Printers, lithographers, etc., who make counterfeit 
trade marks which are improperly used, and whosoever sells, 
offers for sale, or puts them in circulation, shall be regarded 
as joint authors or accomplices, etc., as the case may be, in 
accordance with their respective responsibility, determined in 
accordance with the principles and provisions established by 
the Penal Code of the Federal District. 

Art. 28. It shall be the duty of the Public Prosecutor and of 
every person who considers himself injured to bring an action 
in order to prosecute the person or persons guilty of the of- 
fenses specified in the foregoing articles, and once the action is 
commenced it shall be officially continued by all means. 

Art. 29. In the case referred to in articles 18, 19, and 27, 
the owner of the legally registered trade mark shall also have 
the right to demand from the guilty party the payment of 
losses and damages. 

The owner of said patent shall also have the right to request 
that all the products bearing the illegal trade mark, whether 
said products be in possession of the person accused as the 
author of the offense or in the possession of any other merchant, 
commission merchant, or consignee; but in order to exercise 
such right it shall be an essential requisite that the owner of 



360 Mexico 

the trade mark shall not have failed to write thereon any of 
the inscriptions required by article 9. 

The owner of a trade mark shall likewise have the right to 
demand that aU the trade marks which had been instrumental 
in the commission of the crime or offense and which are in 
possession of the author of the offense or of his accomplices, 
be delivered to him, and, should he deem it necessary, that the 
appliances or apparatus especially destined to the manufacture 
of said trade mark be also delivered to him. 

Art. 30. Besides the provisions of the foregoing article, the 
owner of a trade mark shall have the right to demand of the 
judge, either before bringing his respective suit or during the 
course of the action, the insurance of the articles of merchan- 
dise referred to in the second and third paragraphs of the same 
article, and to appoint, on his own responsibility, a receiver of 
said articles of merchandise. But in order to carry out said 
insurance the following requisites shall be essential: 

I. To present the certificate of the Patent and Trade Mark 
Office, showing that the trade mark in question has been duly 
registered. 

II. The verification, by means of the respective title duly 
recorded in the same office, that the author is the present o^^nier 
of the trade mark. 

III. The verification, by any legal means, of the subject- 
matter of the offense. 

IV. That a sufficient guaranty be given, at the discretion of 
the judge. 

Art. 31. The proceedings referred to in the preceding article 
shall be carried out without the presence of the party against 
whom they are brought and under the exclusive responsibility 
of the person requesting the same, the latter being bound to 
pay the losses and damages caused thereby to the defendant, 
whether he brings the respective criminal or civil action within 
the fifteen days following the date on which the insurance is 
made, or because the defendant may be absolved or the action 
suspended. 

In such cases the insurance referred to in the preceding 
article shall be ordered to be immediately released. 

Art. 32. The judge who takes cognizance of the offense to 
which reference is made in the foreo'oino; articles, shall also 



Mexico 361 

decide as to the nullity, forfeiture, and ownership of the trade 
mark, when the same are set forth as a defense against the 
proper criminal action, and the respective decisions shall be 
made known to the Patent and Trade Mark Office. 

Art. 33. In case of the commission of any of the offenses to 
which reference is made in the preceding article, in which the 
respective complaint is not made by the owner of the trade 
mark legally registered which it should appear to have been 
improperly used or counterfeited, the author of the offense or 
offenses shall forfeit in favor of the respective Federal Treas- 
ury or in favor of the State Treasury, the articles or merchan- 
dise designated by the defective or illegal trade mark, and the 
trade mark and appliances to which reference is made in the 
final paragraph of article 29 shall be destroyed whenever re- 
quired. 

Art. 34. Whenever an offense or a fault is committed which 
is not mentioned in this law, and the penalty of which is speci- 
fied in the Penal Code of the Federal District, as w^ell as in 
all matters relating to the general rules concerning offenses and 
faults, degrees of intentional offense, accumulation, application 
of penalties, criminal and civil responsibility, provided that in 
the present law there be no special provision concerning such 
matters, the rules established in said Penal Code shall be ob- 
served, the provisions of which shall be declared obligatory 
throughout the Republic in everything relating to trade marks 
and in everything which is not modified by the present law. 

Art. 35. It devolves on the courts of the Federation to take 
cognizance of the controversies arising by reason of the present 
law in the following cases: 

I. In case of the validity or nullity of the registration of a 
trade mark, or when it is maintained that the Patent and Trade 
Mark Office has no power to register said mark, or that it reg- 
isters the same without the legal requisites. 

II. Whenever trade marks which are not registered are an- 
nounced as having been registered. 

III. In any other case m w^hich the State or Federation is 
an interested party, or when the Federal interests are affected; 
and 

IV. Whenever reference is made to acts of the Patent and 



362 Mexico 

Trade Mark Office which are not included in Section I of this 
article. 

The district judges of the City of Mexico shall have jurisdic- 
tion in the cases mentioned in Sections I, II, and IV. 

It shall devolve on district judges to whose jurisdiction the 
residence of the defendant belongs, to take cognizance of the 
cases to which reference is made in Section III, if it be a civil 
action, and the place where the offense was committed, if it 
be a penal action. 

Art. 36. The proper judges in accordance with the law shall 
take cognizance of and decide the criminal and civil actions 
which may arise on account of the application of this law, but 
only Avhen private interests are aifected. 

Art. 37. The provisions of the preceding articles do not pre- 
vent the compliance with article 32 of this law, whenever said 
provisions are applicable. 

Art. 38. Every civil or criminal decision, in any manner 
or way relating to the trade mark referred to in this law, shall 
be communicated to the Patent and Trade Mark Office, and 
this office, whenever said decision in any sense modifies the 
rights concerning a trade mark, shall cause said decision to 
be published in the "Official Gazette," and shall report the 
registration of the trade mark the rights of which are under 
consideration. 

Notmthstanding the above, any other decision relating to 
trade marks may be ordered to be published either Avhen so 
requested by any one of the parties interested in said trade 
mark or when the office may consider the decision of sufficient 
importance to be worth publishing. 

Chapter III. 

Procedure in order to obtain the repeal of administrative de- 
cisions. 

Art. 39. "Whenever the interested parties are not satisfied 
with the administrative decisions or decrees of the Department 
of Fomento or Avith those of the Patent and Trade Mark Office, 
they may appeal within fifteen days after being advised of the 
decision to any of the district judges of the City of Mexico, 
setting forth the reason of their nonconformity. 



Mexico 363 

Art. 40. If they should fail to make said appeal after the 
term to which reference is made in the preceding article, the 
administrative decision shall prevail. 

Art. 41. The claim shall be made by the filing of a petition, 
and a simple copy thereof shall be verified by the court. 

The copy of the petition shall be sent within twenty-four 
hours to the Patent Office, in order that the latter may report 
thereon within eight days. 

Art. 42. After the receipt of the report, the same, together 
with the claim, shall be forwarded to the public prosecutor, 
in whose hands it shall remain during three days, in order that 
said official may prepare his petition, acting as a defendant in 
behalf of the Department of Foraento. 

Art. 43. If the presentation of proofs should be necessary, 
a term shall be fixed, which shall not exceed ten days, and after 
the expiration of the same the interested parties shall be sum- 
moned within three days, at the latest, for a hearing, at which 
hearing the judge shall take cognizance of the arguments of 
the interested parties and shall render a decision within five 
days, with or without the attendance of the interested parties. 

This decision may be appealed from in both rulings, and 
the appeal shall be made within five days, which term can not 
be extended. 

Art. 44. If an appeal is made from this sentence the pro- 
ceedings shall be immediately forwarded to the proper circuit 
court, which only at the hearing (to which said court shall sum- 
mon within five days at the latest) shall render a decision with- 
in the term of another five days, sending a copy thereof to the 
Patent Office, so that it may have its proper effects. 

Art. 45. A copy of the final sentence shall be forwarded to 
the authority whose decision may be under consideration 

Art. 46. Should the decision declare unfounded the ob- 
jections of the interested party to the administrative decision, 
a fine of from five to twenty-five pesos shall be imposed on 
said party. 

Chapter IV. 

Procedure in civil actions. 

Art. 47. Civil actions arising out of the present law shall 



364 Mexico 

be conducted and decided at once by means of the procv^dure 
stated below, with the exception of the provisions of the pre- 
ceding chapter and the provisions that may be prescribed for 
criminal actions. 

Art. 48. The term in which to answer the suit shall be five 
days. 

Aet. 49. No preliminary question shall be admitted unless 
it refers to the legal capacity of the parties or to the juris- 
diction of the judge. 

Art. 50. Both the lack of legal capacity and the lack of 
jurisdiction may be set forth as late as three days before the 
term granted for answering the petition. 

Art. 51. Once the question of lack of capacity is raised, the 
discussion thereof shall take place at the same proceedings, ajid 
the results shall be made known to the other party within three 
days. 

Art. 52. If any of the interested parties should ask for evi- 
dence, the judge shall fix the term in which to present the same, 
which in no case shall exceed ten days. 

Art. 53. Once the proofs are presented, the judge shall 
summon the interested parties to a hearing, which shall take 
place within three days, in order that said interested parties 
may set forth at said hearing whatever may be best ni sup- 
port of their right. 

Art. 54. The summons to said hearing shall serve as a 
summons for the final decisions, which the judge shall render 
within three days, whether the interested parties have attended 
the hearing or not. 

Art. 55. In case no proofs have been asked for, the judge 
shall decide simply by virtue of the hearing. 

Art. 56. Once the question of lack of jurisdiction is raised, 
it shall be thoroughly discussed in accordance with tIic pro- 
visions of the Federal or Local Codes of Civil Procedure, as 
the case may be. 

Art. 57. Peremptory pleas shall be made on answering the 
suit and shall be decided together with the principal question. 

Art. 58. The compensation and the charge shall not be 
permitted except when the action upon which they are based 
is also subject to summary proceedings. 

Art. 59. The term in which to present the proofs concern- 



Mexico 365 

ing the main question shall be twenty days, which may be ex- 
tended for a period of fifteen days, at the discretion of the 
judge, and within said period the objections to the witnesses 
and instruments shall be set forth and proved. 

Art. 60. In case some of the interested parties should object 
to a document that may be of notorious influence in the suit, 
the question shall be continued separately, without suspend- 
ing the proceedings, but no final decision shall be rendered con- 
cerning the principal point except when the question is set- 
tled by virtue of a decision producing the final sentence. 

Art. 61. Should it be alleged that one of the documents 
is false, the judge Avho has jurisdiction in the proceedings shall 
cause said document to be taken out, leaving a certified copy 
in its place, and shall send said document to the judg-B of the 
criminal court or to the judge of the district court, as he may 
deem proper, and he shall sign the same, together with thu 
secretary or the witnesses in attendance, as the case may be. 

If the judge who takes cognizance of the principal action 
exercises a combined jurisdiction, he shall cause the docuiy.tnt 
to be taken out of the proceedings, conducting by separate pro- 
ceedings the proper criminal action. 

Art. 62. In the first case, before the transfer to the pioper 
judge is made and before commencing the criminal action in 
the second case of the same article, the party who has filed the 
document alleged to be false shall be requested to state whether 
he proposes that the same shall be taken into consideration or 
not. If he should insist in rendering it valid, the action shall 
be suspended in whatever stage it may be, until a final decision 
is rendered on the question of falsity; and if the party should 
not insist on said document being taken into consideration, the 
same shall be sent to the proper judge, or the operation of tak- 
ing off the document shall be effected in order to initiate the 
respective criminal proceedings without suspending the course 
of the civil proceedings. 

Art. 63. Once the term for the presentation of proofs or 
the extension of time, as the case may be, has expired, the 
proofs shall at once be ordered published, each of the parties 
having access to the proceedings during three days, in order to 
enable them to make their allegations in a hearing which shall 
take place three days afterAvards, at the latest. 



366 Mexico 

In said proceedings the appeal shall be made ^dthin three 
days, which term can not be extended, and in case of a decision, 
said appeal shall be made within the term of five days, which, 
likewise, shall not be extended. 

Aet. 64. At the end of said hearing a summons shall be 
made in order to render the final decision, which shall be ren- 
dered within the following five days. 

Art. 65. The appeals taken against the rulings and decis- 
ions rendered in this kind of cases do not suspend the execu- 
tion of the same. 

Chapter V . . 
Procedure to he followed in criminal actions. 

Art. 66. Criminal actions brought in accordance with the 
present law, if they are brought before the Federal .judges, 
whenever they have jurisdiction, shall be discussed as other 
criminal actions are discussed at present, until the Code of 
Federal Procedure on Criminal Practice is issued. 

Art. 67. When the same actions have to be brought before 
the local judges of the Federal district of the States oi- Ter- 
ritories, in accordance with article 97 of the Constitution and 
the present law, the procedure shall be that which is in force 
in accordance with the laws of each of said States or Terri- 
tories. 

Art. 68. The civil action incidental to the criminal action 
established by this law may be conducted at the same time and 
before the same court which takes cognizance of the criminal 
action; but if the civil action should reach the stage of a de- 
cision before the criminal action is finished, the civil case shall 
be suspended until the criminal action is in the same stage, 
in order that both actions may be disposed of in the same de- 
cision. 

Art. 69. If the civil action is not ready for decision and, 
consequently, would not be decided at the same time as the 
criminal action, the judge of the civil court selected by "^lie 
plaintiff shall afterwards take cognizance thereof, unless the 
judge who had taken cognizance of the criminal action exer- 
cises a combined jurisdiction. 



Mexico 367 

Art. 70. The civil action shall be commenced and continued 
separately before the proper court: 

I. Whenever an irrevocable decision has been rendered in 
the criminal action without having commenced in due time 
the civil action in the criminal proceedings. 

II. Whenever the defendant has died before instituting the 
criminal action. 

III. Whenever the criminal action has expired by limita- 
tion and the civil action is still in existence. 

Art. 71. Whenever the interested party has initiated the 
action on account of a civil responsibility in the criminal action, 
the question shall be discussed in accordance with ar deles 47 
and the following ones. 

Art. 72. If the criminal action is brought before the local 
courts, the question concerning civil responsibility sliall be dis- 
cussed as provided for in the respective local law. 

Chapter YI. 
Commercial names and advertisements. 

Art. 73. The owner of a commercial name has the exclu- 
sive right to use it mthout registration or any other requisite 
whatever; and in order to exercise this right he shall be en- 
titled to bring a civil action against whosoever usurps or im- 
itates said right, in order to stop the usurpation or imitation, 
and to demand the payment of losses and damages, and to 
bring a criminal action in order that the guilty party be pun- 
ished. 

Art. 74. Notwithstanding the provisions of the foregoing 
article, every merchant, whether native or foreign, has the right 
to have his commercial name published in the "Official Gazette 
of Patents and Trade Marks;" in order to obtain the pre- 
rogative or privilege prescribed in article 77. In order to re- 
tain this prerogative it shall be necessary to renew the pub- 
lication every ten years. 

Art. 75. Whoever should in any way use a commercial name 
which does not belong to him, shall be subject to imprisonment 
and fine or to one of these penalties, at the discretion of the 
judge. 



368 Mexico 

The same penalty shall be imposed on whoever imitates a 
commercial name in such manner as to produce confusion. 

Art. 76. The penalties imposed and prescribed by the pre 
ceding article shall be imposed without prejudice to those to 
which the same offense is subject, whenever the commercial 
name improperly used is made to appear accompanied by a 
trade mark and forming a portion thereof, provided that the 
use of the trade mark constitutes an offense in accordance with 
this law, inasmuch as in such a case the rules of accumulation 
established by the Penal Code of the Federal District shall be 
applied. 

Art. 77. In order that the penalties prescribed by article- 
75 may be imposed, it shall be an essential requisite for the 
interested party to prove that the accused acted fraudulently. 
Notwithstanding the above, any merchant who has caused his. 
commercial name to be published in the ''Official Gazette of 
Patents and Trade Marks," in accordance Avith the provisions 
of article 74, shall be exempt from the aforesaid requisite, and 
the legal presumption shall be that the accused acted fraudu- 
lently. 

Art. 78. The right of bringing criminal action and to de- 
mand the payment of losses and damages to which reference 
is made in article 73, belongs also to a third party who has 
been injured on account of the usurpation or imitation of a, 
commercial name. 

Art. 79. Every person who, in order to advertise or an- 
nounce to the public any business manufactory, trade, or arti- 
cles, makes use of advertisements which, owing to any circum- 
stance, should happen to possess certain originality, easily 
distinguishing them from those of their kind, may acquire the 
exclusive right to continue to use them and to prevent other 
persons from using the same or similar advertisements to 
such extent as to produce confusion and to be mistaken as a 
whole and at first sight, being subject, in so far as it may be- 
necessary, to the same requisites prescribed by the present law 
concerning the registration of trade marks. 

Art. 80. In the case of commercial advertisements, the^ 
registration shall be in force from five to ten years, at the^ 
option or will of the interested party, and once the respective- 
terms expire, the commercial advertisements shall, ipso facto,. 



Mexico 369 

become public property. Before the expiration of any of the 
above terms the interested parties shall have the right to an 
extension of the term of said registration, which extension 
may be for five or ten years, at the option of the applicant, a 
right which may be exercised indefinitely. 

These extensions of time shall be published in the '^Official 
Gazette of Patents and Trade Marks." 

Art. 81. The o^^mer of a commercial advertisement thus 
registered has both the right to bring a civil action in order 
to prevent the continuation of the usurped or imitated adver- 
tisement, and to demand the payment of losses and damages, 
as well as a criminal action, in order to punish the guilty 
party. 

Art. 82. Whoever usurps or imitates a commercial regis- 
tered advertisement shall incur imprisonment and in a fine, or 
in one of these penalties, at the discretion of the judge; but 
if the form of the advertisement coincides or corresponds with 
that of a trade mark which has been also registered, the author 
of the usurpation or imitation shall be punished as in the case 
of usurpation or imitation of trade marks. 

Art. 83. Printers, lithographers, etc., who make counter- 
feited commercial advertisements which are improperly used, 
and whosoever sells, offers for sale, or puts them in circulation, 
shall be regarded as joint authors or accomplices, etc., as the 
case may be, in accordance with their respective responsibility, 
which latter shall be determined in accordance with the prin- 
ciples and provisions established by the Penal Code of the Fed- 
eral District. 

Art. 84. The provisions of Chapters III, lY, and V, are 
applicable in so far as they relate to the commercial names 
and advertisements. 

Chapter YII. 

Government fees. 

Art. 85. A fee of five pesos shall be charged for the reg- 
istration of extension of time of a trade mark. 

A fee of one peso shall be charged for the publication of a 
commercial name. 



370 Mexico 

The following fees shall be charged for the registration of 
a commercial advertisement: 

Two pesos for a five years' registration. 

Four pesos for a ten years' registration. 

Four pesos for each extension of time of five years. 

These fees shall be paid in internal revenue stamps in the 
form and manner prescribed by the regulations of this law. 

Said regulations shall fix the fees which the Patent and 
Trade Mark Office shall charge for other services, such as reg- 
istration of transfers, change of place, renewals of the cer- 
tificates of registration, etc., which fees shall also be paid in 
internal revenue stamps. 

Chapter VIII. 
Transitory articles. 

Art. 86. This law shall commence to be in force on the first 
day of October of the current year. 

Art. 87. The trade marks which have been registered up 
to said date shall retain all their legal force and validity in 
accordance with the law which has been in force up to the 
present date, but in order that their respective owners may ex- 
ercise the right of bringing the criminal actions granted by 
this law, it shall be an essential requisite that every twenty 
years from the date in which this law is declared in force, the 
renewal of the respective registrations shall be made, as pro- 
vided in article 6. 

Art. 88. The registrations of trade marks which are still 
pending because the respective proceedings are being carried 
out, and to which no objection had been made, shall not be sub- 
ject to any further objection, and shall be registered at once 
in accordance with the provisions of the law which has been 
in force up to the present date. 

To this end the interested parties are granted a term of two 
months, counting from the date in which this law shall com- 
mence to be in force, in order that they may pay the proper 
Government fee, with the understanding that should they fail 
to make such payment, the proceedings included or comprised 
in such case shall be recorded and the respective applications 
shall be regarded as not having been filed. 



Mexico ij 371 

Art. 89. The proceedings of registration of trade marks 
which are yet pending because an objection has been made 
thereto, shall be continued in accordance with the provisions 
of the law which has been in force up to the present date; 
but as soon as the objection is definitely decided in favor of 
the interested party, either through a judicial decision or by 
means of a compromise or understanding between the inter- 
ested party and the opponent, the matter shall be acted upon 
in accordance with the provisions of the foregoing article, with 
the understanding that the term of two months, to Avhich ref- 
erence is made in said article, shall be commenced to be counted, 
in the present case, from the date in which the interested party 
had been legally notified of the respective final sentence, or 
from the date in which the compromise or settlement was made. 

Art. 90. The registration of trade marks that is pending 
only on account of the payment of the respective fee or tax 
not having yet been made shall be carried out pursuant to the 
provisions of the law in force, and the provisions of the tran- 
sitory article 87 shall apply to said registration. 

Art. 91. From the date on which this law shall commence 
to be in force the provisions of the first paragraph of article 
26 of the Commercial Code shall no longer be applied to the 
registration of trade marks in the Commercial Register; and 
a term of nine months, which can not be extended, is hereby 
fixed, counting from the same date, in order that the trade 
marks which are registered in accordance with the provisions 
of Section III of article 21 of said Code, be presented, in order 
to make their inscription in the Patent Office, with the under- 
standing that should the interested party fail to do so, the 
inscriptions made in said office shall be preferred to those made 
in the Commercial Register, even though the date of the latter 
may be previous to that of the former. 

Art. 92. Articles 700, 701, 702, and 708 of the Penal Code 
of the Federal District, in so far as they relate to their ap- 
plicability to the offenses concerning trade marks, to which 
reference is made in the present law, are hereby repealed. 

Art. 93. The law of the 28th of November, 1889, and the 
amendment thereof bearing date of December 17, 1897, as 
well as any other regulations which may not be in accordance 
with the provisions of the present law, are hereby repealed. 



372 Mexico 

Section XYI of article 1 of the law of Federal Revenues, 
is hereby also repealed. 

Therefore I hereby order that it be printed, published, cir- 
culated, and duly complied with. 

Issued at the Palace of the Executive Power of the Union, 
at Mexico, on the twenty-fifth of August, one thousand nine 
hundred and three. 

PoEFmio Diaz. 

Gen. Manuel Gonzalez Cosio^ 

Secretary of State, Fomento, Colonization, and Industry. 

RULES OF TRADE MARK LAW PROCEDURE. 

[September 2J^, 190S.] 

PoRFiRio DiAZ^ constitutional President of the United States 
of Mexico, to its inhabitants, know ye : 

That in the exercise of the constitutional faculty of the 
Executive, and in conformity with the prescriptions of the 
law of the 25th of August of the present year, I have seen fit 
to issue the following regulations of the trade mark law. 

Article 1. The registration of trade marks and notices 
shall be made by the Patent and Trade Mark Office at the re- 
quest of the interested party. 

Art. 2. For each registration of trade marks and notices 
sought to be made a separate application shall be formulated, 
according to the corresponding annexed model. 

Art. 3. The Patent and Trade Mark Office shall issue a 
receipt for the documents and cliche to the interested party, 
stating in said receipt the day and hour in which they were 
delivered and the corresponding serial number. 

Art. 4. The Patent and Trade Mark Ofiice shall make an 
official examination of the documents in accordance with what 
article 10 of the law provides. 

Art. 5. If the result of the official examination referred to 
in article 10 of the law, be satisfactory, the interested party 
shall present to the Patent and Trade Mark Office, within the 
term which for this purpose may be indicated to him in the 
receipt issued for the documents, the stamp with the restamp 
''Marcas" (Marks) corresponding to the payment of the fees, 
and he shall dulv cancel said stamp on the document that may 



Mexico 373 

be indicated to him, with the understanding that if he fails 
to do so Avithin the term lixed or designated in the receipt is- 
sued for the documents, it shall be understood that the case 
has been abandoned. 

If the Patent and Trade Mark Office finds that the documents 
presented are not prepared in due form, it shall make known 
the fact in writing to the interested party, so that the latter 
may replace them or, should he deem it convenient, proceed 
in the manner indicated in the corresponding part of article 
39, Chapter III, of the law. 

Art. 6. The descriptions of the trade marks the registra- 
tion of which is sought, shall be authorized by the signature 
of the interested party or that of his attorney, and, further- 
more, in case said description comprises several pages or folios, 
each one of them, must be rubricated or signed on the margin. 

Aet. 7. All the applications and other documents presented 
for the registration of a trade mark or notice shall be type- 
written only on one side of the paper, in indelible black ink 
or blue or dark- violet ink. The paper that shall be used must 
have the following dimensions: 330 millimeters in length, 215 
millimeters width, and a margin of 54 millimeters on the left 
side. 

Art. 8. The length or width of the cliche for a trade mark 
or notice, shall be no less than 15 millimeters and no greater 
than 100 millimeters, and the height thereof must be 24 milli- 
meters. 

When a trade mark is formed by several separated parts, 
one cliche shall be sent for each of said parts. 

The colors shall be indicated in the cliche as far as may be 
possible, as shown in the corresponding annexed model. 

Art. 9. The copies of the original trade mark referred to 
in article 3, Section IV, of the law, shall be free from erasures, 
corrections, or modifications. 

Art. 10. When metal objects or other substances constitute 
a trade mark or a part thereof, there shall be sent, in addition, 
twelve copies of its illustration printed on paper. 

When the trade mark is to be fixed by means of lead seals, 
by fire, or by any other process, there shall also be sent twelve 
copies thereof printed on paper. 

Art. 11. Even though several registrations be solicited in 



374; Mexico 

the name of the same person, the petitioner (applicant) must 
prove his personality (identity) in each petition (applica- 
tion). 

When anyone presents himself as a manager or representa- 
tive of a society, company, or legal entity, he must prove his 
identity by the means provided for that purpose by the law. 

In case the solicitor (petitioner) should act as an attorney 
and should prove this capacity by means of a power of attor- 
ney, he shall exhibit only certified copy thereof in such part 
of it as may be considered pertinent. 

Art. 12. The certificate of registration of a trade mark, 
besides the provisions of the law, must contain the following: 

I. Ordinal number of the trade mark; 

II. Date and hour in which the application and annexed 
documents were presented; 

III. The name of the owner of the trade mark ; 

IV. The seal of the Patent and Trade Mark Ofiace; 

V. A facsimile of the registered trade mark; and 

VI. A description of said trade mark. 

Art. 13. In case the certificate of registration should be 
lost or destroyed, it may be replaced at the expense of the 
owner of the trade mark. In order to do this he shall present 
a petition and three pesos' worth of stamps with the rest amp 
''Marcas" (Marks), which he shall adhere to the document 
that may be indicated to him and shall cancel them thereon. 
In the new certificate shall be stated that it is a duplicate. 

Art. 14. In order to solicit the registration of the transfer 
of a trade mark, a petition shall be made (by the corresponding 
annexed model) to the Patent and Trade Mark Office, in which 
shall be stated: 

I. The number of the registered trade mark; 

II. The name of the old or former owner; 

III. The name of the trade mark, should it have one; 

IV. The products protected by it; and 

V. The name of the new proprietor. 

To said application he shall accompany three pesos' worth 
of stamps with the restamp ''marcas" (marks), which he shall 
cancel on the document that may be indicated to him. With 
said petition shall be sent a facsimile of said trade mark. 

In order to justify the acquisition of a trade mark or notice, 



Mexico 375 

the original and a copy of the respective deed shall be sent. 
The former shall be returned to the interested party, and the 
latter— that is to say, the copy— shall form an integral part 
of the proceedings. 

Art. 15. In order to obtain the renewal of the registration 
of a trade mark or notice, an application shall be presented in 
accordance with the corresponding annexed model, accompany- 
ing the stamps, with the restamps "marcas" (marks)— which 
should correspond to the payment of the fees— which stamps 
the interested party shall cancel on the document that may be 
indicated to him, and he shall also present a copy of the trade 
mark or notice. The petition and payment shall be made with- 
in the first six months of the last year of the term for which 
the registration was granted. 

Art. 16. When the renewal of the registration of a trade 
mark or notice is solicited, after the term to which the fore- 
going article refers has expired, to the petition shall be ac- 
companied a stamp, with the restamp "marcas" (marks), 
which should correspond to the payment of the registration 
fees, and besides as many stamps with equal restamp and equal 
value as the number of years or fractions of a year may have 
elapsed since the expiration of the alluded term. 

Art. 17. In order to obtain the registration of a commercial 
notice, there shall be presented at the Patent and Trade Mark 
Office a petition accompanied by the following: 

I. A cliche of the notice; 

II. Twelve copies of the notice or advertisement just as it 
is going to be used; and 

III. Twelve copies of the same notice printed on paper, 
when said notice is going to circulate, made in crystal (glass) 
sheet (plate), leather, pasteboard, etc. 

The petition shall be made in accordance with the corres- 
ponding annexed model, and 3 pesos' worth of stamps, with the 
restamp "marcas" (marks), shall be accompanied, if the reg- 
istration is for five years, and 4 pesos' worth of stamps, if the 
registration is for ten years, which stamps the interested party 
or his representative shall cancel on the document that may 
be indicated to him. 

Art. 18. The dimensions of the cliche of a commercial 



376 Mexico 

notice shall be the same as those fixed for the trade marl?: in 
article 8 of these regulations. 

Art. 19. The prorogation of the registration of a notice, to 
which article 80 of the law refers, shall be solicited within the' 
penultimate six months of the term for which it was granted. 
The petition shall be formulated according to the corresponding 
annexed model, accompanying 4 pesos' worth of stamps with 
the restamp "marcas" (marks) for each prorogation of five 
years, which stamps he shall cancel on the document that may 
be indicated to him. The interested party shall send a printed 
copy of the notice. 

Art. 20. For making the publication of a commercial name, 
as expressed in article 74 of the law, the interested party shall 
present a petition which he shall formulate according to the 
corresponding annexed model, accompanying thereto a stamp 
of the value of 1 peso, with the restamp "marcas" (marks), 
which stamp he shall cancel on the document that may be in- 
dicated to him. 

Art. 21. In every step taken with respect to a registered 
trade mark or notice, even though it be in order to ask for 
copies, duplicates, certificates, etc., in the first place it shall 
be noted the number of the trade mark or notice to which the 
writing or memorial refers. 

Art. 22. The interested parties who, in conformity with 
article 38 of the law, should wish to publish some decision re- 
lating to trade marks or notices, shall request it in writing to 
the Patent and Trade Mark Office, and shall personally present 
one stamp of the value of 1 peso, with the restamp "marcas" 
(marks), which stamp shall be canceled on the document that 
may be indicated to them. 

Art. 23. The Patent and Trade Mark Office shall fix the 
prices at which it will be able to sell to the public printed copies 
or reproductions of the registered trade marks and notices and 
of the corresponding descriptions that may have been reg- 
istered. 

Art. 24. In compliance with article 87 of the law the in- 
terested parties shall have to make special petition to the Pat- 
ent and Trade Mark Office and to send twelve copies of the 
trade mark and the corresponding cliche. 

Art. 25. Any document that does not fulfill the require- 



Mexico 377 

ments indicated in the law and in these regulations shall be 
replaced or renewed at the expense of the interested party. 

Art. 26. Under no pretext whatever shall documents, draw- 
ings, stamps, cliche, or samples, which for the purpose of ob- 
taining the registration of a trade mark or notice may have 
been delivered to the Patent and Trade Mark Office, be re- 
turned. 

Art. 27. The public may examine the registered trade 
marks and notices (advertisements) at the hours fixed for that 
purpose by the Patent and Trade Mark Office. 

Therefore I order that said regulations be printed, pub- 
lished, circulated, and duly complied with. 

Given at the Palace of the Executive Power of the Union, 
in Mexico, on the 24th of September, 1903. 

PoRFiRio Diaz. 



378 Newfoundland 

NEWFOUNDLAND. 

CONSOLIDATED STATUTES. 

[second series.] 
Chapter 109. 

Of patents. 

1. Whenever any person shall apply to the Governor, alleging 
that he hath invented and discovered any new and useful art, 
machine, manufacture or composition of matter not heretofore 
known or used, and shall, by petition to the Governor, signify 
his desire to obtain an exclusive property in such new invention 
and discovery, and shall pray that a patent be granted for the 
same, the Governor in Council may direct letters patent under 
the great seal of the colony to be issued, which letters patent 
shall recite the allegations and suggestions of the said petition, 
and shall therein give a short description of the said invention 
and discovery; and thereupon shall grant to such person, his 
executors, administrators or assigns, for a term not exceeding 
fourteen years, the full and exclusive right and liberty of 
making, constructing and using, and vending to others to be 
used the said new invention or discovery; which letters patent 
shall be good and available to the grantee therein named, by 
force of this chapter, and shall be recorded in the office of the 
Colonial Secretary in a book to be kept for that purpose, and 
shall be delivered to the patentee ; and the Governor in Council 
may insert in any such letters patent a provision extending the 
operation thereof for a further term of seven years. Before 
the great seal of this island shall be affixed to any such letters 
patent, or the same shall be issued or signed as aforesaid, such 
letters patent shall be delivered to Her Majesty's Attorney 
General, who shall examine the same, and shall, if he finds the 
same conformable to this chapter, certify accordingly, and re- 
turn the same within fifteen days into the office of the Colonial 
Secretary, to be issued and signed. 

2. "Where any such letters patent shall be obtained by any 
person, and thereafter any other person shall discover or make 



Newfoundland 379 

any improvement in the principle or process of any such art, 
machine, or composition of matter for which such patent hath 
been granted, and shall make application for and obtain letters 
patent under this chapter for the exclusive right of such im- 
provement, the person who shall obtain and procure letters 
patent for any such improvement shall not make, use or vend 
the original invention or discovery, nor shall the person who 
shall have procured letters patent for the original invention or 
discovery, make, use or vend any such improvement: Provided, 
that simply changing the form or the proportions of any ma- 
chine or composition of matter, in any degree, shall not be 
deemed a discovery or improvement within the meaning of 
this chapter. 

3. Any person may obtain from the office of the Colonial 
Secretary a copy of any such letters patent, or of the petition 
whereon the same were issued, or of any paper connected there- 
with, or any drawing relating to the same, on payment for such 
copy of such fees as are now payable at the office of the Colonial 
Secretary for copies of other documents. 

4. Before any person shall receive any letters patent under 
this chapter such person shall make oath in writing that he 
doth verily believe that he is the inventor or discoverer of the 
art, machine, composition of matter, or improvement for which 
he solicits letters patent, and that such invention or discovery 
hath not, to the best of his knowledge or belief, been known or 
used in this colony or in any other country, which oath shall be 
delivered with the petition for such letters patent. 

5. Together with such petition and oath, before any person 
shall obtain any letters patent, as aforesaid, such person shall 
also deliver into the office of the Colonial Secretary a written 
description of his invention, and of the manner of using or 
process of compounding the same, in such full, clear and exact 
terms as to distinguish the same from all other things before 
known, and to enable any person skilled in the art or science of 
which it is a branch, or with which it is most nearly connected, 
to make, compound and use the same; and in case of any ma- 
chine, shall deliver a model thereof into the office of the Colonial 
Secretary, and shall explain the principle and the several modes 
in which such pej-son hath contemplated the application of that 
principle or character by which it may be distinguished from 



280 Newfoundland 

other inventions ; and shall accompany the whole with drawings 
and written references, where the nature of the case admits of 
drawings, or with specimens of the ingredients, and of the com- 
position of matter, sufficient in quantity for the purpose of ex- 
periment, where the invention is of a composition of matter, 
which description, signed by such person and attested by two 
witnesses, shall be filed in the office of the Colonial Secretary, 
and copies thereof, certified under his hand, shall be evidence 
in all Courts where any matter or thing touching or concerning 
the said letters patent shall come into question: Provided, that 
where, from the complicated nature of any machinery, the cost 
of a model thereof may be so great as to prevent any ingenious 
but poor person from obtaining patents for his useful inven- 
tions, the Governor in Council may dispense with the delivery 
of such model into the offi.ce of the Colonial Secretary previous 
to the granting of any such patent; and the requirements of 
this chapter being in all other respects complied with, such per- 
son shall be entitled to such patent as if such model had been so 
lodged. 

6. After the expiration of one week from the date of the 
delivery into the office of the Colonial Secretary of the petition, 
oath and description of invention, as prescribed in sections 1, 
4 and 5 of this chapter, and until the expiration of six months, 
from said date of delivery, the applicant for leti;ers patent for 
any invention shall have the like privileges and rights as if 
letters patent under the provisions of the said chapter had been 
sealed and delivered on the date of said delivery. 

7. Any patentee, his executors or administrators, may assign 
all his right, title and interest in the said invention and dis- 
covery in the letters patent to him granted, to any person, and 
the assignee thereof having recorded the said assignment in the 
office of the Colonial Secretary, shall thereafter stand in the 
place and stead of the original patentee, as well as to all right, 
privilege and advantage, as also in respect of all liability and 
responsibility as to the said letters patent, and the invention 
and discovery thereby secured; and in like manner shall the 
assignees of any such assignee stand in the place and stead of 
the original patentee or inventor. 

8. Whenever in any case any letters patent shall be or shall 
have been granted to any person under and by virtue of this 



Newfoundland 381 

chapter, and any person, without the consent of the patentee,, 
his executors, administrators or assigns, first had and obtained 
in writing, shall make, devise, use, or sell the thing, invention 
or discovery whereof the exclusive right is secured to the said 
patentee by such letters patent, such person so offending shall 
forfeit and pay to the said patentee, his executors, adminis- 
trators, or assigns, a sum equal to three times the actual dam- 
age sustained by such patentee, his executors, administrators 
or assigns, from or by reason of such offense, which sum may 
be recovered, together with costs, by action founded on this 
chapter, in the Supreme Court. 

9. The defendant in such action may plead the general issue, 
and give this chapter and any special matter in evidence, tend- 
ing to prove that the specification filed by the plaintiff does 
not contain the whole truth relative to the invention or discov- 
ery therein alleged to have been made by the said plaintiff, or 
that it contains more than is necessary to produce the described 
effect, (which concealment or addition shall fully appear to 
have been made for the purpose of deceiving the public,) or 
that the thing, invention or discovery thus secured by letters 
patent as aforesaid was not originally discovered by the pat- 
entee, but had been in use or had been described in some public 
work anterior to the supposed invention or discovery of the 
said patentee or that he had surreptitiously obtained letters 
patent as aforesaid for the invention or discovery of some other 
person; in either of which cases, upon proof thereof, a verdict 
shall be returned and a judgment shall be entered for the said 
defendant with costs, and the said letters patent shall there- 
upon be and shall by the said Court be adjudged void. 

10. No applicant shall be deprived of his right to a patent 
in this colony for his invention by reason of his having pre- 
viously taken out letters patent therefor in any other country: 
Provided that such invention shall not have been introduced 
into public and common use in this colony prior to the applica- 
tion for a patent therein, and the patent granted in this colony 
shall not continue in force after the expiration of the patent 
granted elsewhere; and Avhere more than one such patent or 
like privilege is obtained abroad, then immediately upon the 
expiration or determination of the term which shall first expire 
or be determined of such several patents or like privileges, the 



382 Newfoundland 

patent granted in this colony shall cease to be in force; and 
no letters patent for or in respect of any invention for which 
any such patent or like privilege as aforesaid shall have been 
obtained elsewhere, and which shall be granted in this colony, 
after the expiration of the term for which such patent or privi- 
lege was granted or was in force, shall be of any validity. 

11. Letters patent may be issued by the Governor in Council 
to the assignee of any person who may have taken out letters 
patent for his invention or discovery in any other country, but 
not for any invention or discovery made abroad for which no 
letters patent have been there obtained: Provided, that the 
invention or discovery so assigned shall not have been intro- 
duced into public and common use in the colony prior to the 
application for a patent; and that the assignee of such foreign 
patent shall file, with his application, the assignment duly 
proved, under Avhich he claims a patent in this colony, and 
an affidavit setting forth the date of the patent abroad, that the 
article thereby patented has not been in public and common use 
in this colony, and that he is assignee for a good considera- 
tion. 

12. Any letters patent which may be taken out under or 
by virtue of this chapter, and which shall not have been brought 
into operation within two years next ensuing from and after 
the date thereof, shall, at the expiration of the said period of 
two years, be void. 

13. No letters patent shall be granted under or by virtue of 
this chapter until notice shall have been published in the Eoyal 
Gazette y and one other of the newspapers of this colony, for at 
least four weeks, of the intention of the applicant to apply for 
such letters patent; and such notice shall contain, in general 
terms, the description of invention for which such letters pat- 
ent shall be desired. 

14. If by mistake, accident or inadvertence, and without 
any wilful default or intent to defraud or mislead the public, 
a patentee shall in his specification have claimed to be the 
original and first inventor or discoverer of any material or 
substantial part of the thing patented, but of which he was 
not the original or first inventor, and shall have no just or legal 
right to claim the same, his patent in such case shall be valid 
for so much of the invention or discovery as shall be actually 



Newfoundland 383 

his own, provided it is a material and substantial part of the 
thing patented, and be plainly distinguishable from other parts 
patented without right; and every such patentee and his legal 
representatives, whether holding the whole or a particular in- 
terest in the patent, may maintain suits at law or in equity for 
any infringement of such part of the same as is actually the 
invention or discovery of the patentee, although his specification 
may embrace more than he has a legal right to claim ; but if in 
such case the plaintiff shall obtain a verdict or judgment, he 
shall not be entitled to costs, unless before the commencement 
of the suit he shall have filed in the office of the Colonial Secre- 
tary a disclaimer, attested by a witness, of that part of the 
thing patented which was claimed without right ; and no person 
bringing a suit shall be entitled to the benefits of this section if 
he shall have unreasonably neglected or delayed to record his 
disclaimer. 

15. If through inadvertence, accident or mistake, a patentee 
shall have made his specification too broad, by claiming more 
than that of which he was the original or first inventor (some 
material and substantial part of the thing patented being justly 
and truly his own), such patentee or his legal representatives 
may disclaim the excess; the disclaimer shall be in writing, 
and shall state the extent of interest in the patent held by the 
party making the same; it shall be attested by a witness, and 
be recorded in the office of the Colonial Secretary; thereafter 
such disclaimer shall be considered as part of the original speci- 
fication, to the extent of the interest possessed by the party 
making the same, or by those claiming under him; but no such 
disclaimer shall affect any action or suit pending at the time 
of its being recorded, except so far as may relate to the ques- 
tion of unreasonable neglect or delay in recording the same. 

16. If any patent shall become inoperative or invalid by 
reason of a defective or insufficient description or specification or 
by reason of the patentee claiming in his specification, as his own 
invention, more than he had a right to claim, and the error has 
arisen from inadvertence, accident or mistake, and without 
any fraudulent or deceptive intention, the Governor in Coun- 
cil upon the surrender of such patent, and upon petition there- 
for, may cause a new patent to be issued to the patentee for 
the residue of the term mentioned in the first patent, in accord- 



384 Newfoundland 

ance with the patentee's amended description and specification. 
In case of his death or the assignment by him of the original 
patent or any fractional interest therein, the right shall vest 
in his legal representatives, to the extent of their respective 
interests in such patent; and the patent so re-issued, together 
with the amended description and specification, shall have the 
same effect and operation in law as though the same had been 
originally filed in such amended form before the issuing of the 
original patent. 

17. If an original patentee shall be desirous of adding a 
description and specification of an improvement upon his origi- 
nal invention or discovery, made or discovered by him subse- 
quent to the date of his patent, he may, upon the like proceed- 
ings being had in all respects as in the case of an original appli- 
cation, have the same annexed to his original description and 
specification; and the Colonial Secretary shall certify upon 
such annexed description and specification the time of its being 
annexed and recorded; and thereafter it shall have the same 
effect in law as if it had been embraced in the original descrip- 
tion and specification, and had been recorded therewith. 

18. No patent for any invention or discovery granted in 
England or elsewhere out of the colony, and extending to the 
colonies, shall be of force and effect in this colony until copies 
of the original specification and drawings filed, or duplicates 
of the models lodged in England or elsewhere out of the colony, 
upon which such patent was there obtained, shall be filed or 
lodged in the office of the Colonial Secretary, who shall grant 
a certificate of the lodging or filing the same. 

19. All oaths required by this chapter may be taken in this 
colony before a Judge of the Supreme Court or a commissioner 
for taking affidavit in the same ; and outside this colony before 
a commissioner of the Supreme Court, a Judge of a Court of 
Record, the mayor or chief magistrate of any city or town, a 
justice or British ambassador, consul, vice-consul or consular 
agent; and the attestation with the date thereof shall, when 
made before a Judge of a Court of Record or a mayor of any 
city or town, be certified under the seal of such court, city or 
town, and when made before a justice or British ambassador, 
consul, vice-consul or consular agent, the official character of 
such justice, British ambassador, consul, vice-consul or con- 



Newfoundland 385 

sular agent shall be certified under the hand and seal of a 
notary public. 

20. Any person who may take out letters patent under this 
chapter shall pay for the same such fees as are charged on 
documents issued under the great seal of this colony, and shall 
in addition deposit with the Colonial Secretary the sum of 
twenty-five dollars, to be by him paid to the Receiver General 
for the use of the colony. 

ANNO SECUNDO 

EDWARDI VII. REGIS. 

Chapter II. 

An Act to amend Chapter 109 of the Consolidated Statutes 
(Second Series), entitled "Of Patents.^' 

[Passed April 22, 1902.] 
Section 1.— Amendment of Con. Stat., cap. 109, sec. 19. 

Be it enacted by the Governor, the Legislative Council and 
House of Assembly, in Legislative Session convened, as follows: 

1. Section 19 of chapter 109 of the Consolidated Statutes 
(Second Series), entitled "Of Patents," is hereby amended by 
striking out therefrom, at the end thereof, the words following: 
*'And when made before a Justice or British Ambassador, Con- 
sul, Vice-Consul, or Consular Agent, the official character of 
such Justice, British Ambassador, Consul, Vice-Consul, or Con- 
sular Agent, shall be certified under the hand and seal of a 
Notary Public." 

CONSOLIDATED STATUTES. 
(Second Series.) 

Chapter 112. 
of trade marks^ and the registration thereof. 

1. (1.) Ever}' person who — 

{a.) Forges any trade mark; or 

(&.) Falsely applies to goods any trade mark, or any mark 

so nearly resembling a trade mark as to be calculated 

to deceive ; or 



386 Newfoundland 

(c.) Makes any die, block, machine or other instrument for 
the purpose of forging, or of being used for forging, 
a trade mark; or 

(d.) Applies any false trade description to goods; or 

(e.) Disposes of, or has in his possession, any die, block, ma- 
chine, or other instrument for the purpose of forging 
a trade mark; or 

(/.) Causes any of the things above in this section mentioned 
to be done; 
shall, subject to the provisions of this chapter, and unless he 
proves that he acted without intent to defraud, be guilty of any 
offence against this chapter. 

(2.) Every person who sells, or exposes for sale, or has in his 
possession for sale, or for any purpose of trade or man- 
ufacture, any goods or things to which any forged trade 
mark or false trade description is applied, or to which 
any trade mark, or mark so nearly resembling a trade 
mark as to be calculated to deceive, is falsely applied, 
as the case may be, shall be guilty of an offence against 
this chapter, unless he proves — 

(a.) That having taken all reasonable precautions against 
committing an offence against this chapter, he had, at 
tbe time of the commission of the alleged offence, no 
reason to suspect the genuineness of the trade mark, 
mark, or trade description; and 

(/.>.) That on demand made by, or on behalf of the prosecutor, 
he gave all information in his power with respect to 
the persons from whom he obtained such goods or 
things; or 

(c.) That otherwise he had acted innocently. 

(3.) Every person guilty of an offence against this chapter 
shall be liable — 

(1.) On conviction on indictment to imprisonment, with or 
without hard • labour, for a term not exceeding two 
years, or to fine, or to both imprisonment and fine; 
and 

(2.) On summary conviction to imprisonment, with or with- 
out hard labour, for a term not exceeding four months, 
or to a fine not exceeding $100; and in the case of a 
second or subsequent conviction to imprisonment, with 



Newfoundland 387 

or without hard labour, for a term not exceeding six 
months, or to a fine not exceeding $200 ; and 

(3.) In any case, to forfeit to Her Majesty every chattel, 
article, instrument, or thing, by means of or in relation 
to which the offence has been committed. 

(4.). The Court before which any person is convicted under 
this section may order any forfeited articles to be de- 
stro3^ed, or otherwise disposed of, as the Court 
thinks fit. 

(5.) If any person feels aggrieved by any conviction made by 
a Court of summary jurisdiction, he may appeal there- 
from to the Supreme Court. • 

(6.) Any offence for which a person is, under this chapter, 
liable to punishment on summary conviction, may be 
prosecuted, and any article liable to be forfeited under 
this chapter by a Court of summary jurisdiction, may 
be forfeited: Provided that a person charged with 
an offence under this section, before a Court of sum- 
mary jurisdiction, shall on appearing before the Court, 
and before the charge is gone into, be informed of his 
right to be tried on indictment, and if he requires, 
to be tried accordingly. 

2. (1.) For the purposes of this chapter — 

The expression " trade mark ^^ means a trade mark registered 
in the register of trade marks kept under the pro- 
visions of this chapter, and includes any trade mark 
which, either with or without registration, is protected 
by law in any British possession or foreign state, to 
which the provisions of the one hundred and third 
section of the Imperial " Patents, Designs and Trade 
Marks^ Act, 1883,^^ are under Order in Council for 
the time being applicable. 

The expression '' trade description '' means any description, 
statement or other indication, direct or indirect: 

(a.) As to the number, quantity, measure, guage or weight 
of any goods; or 

(&.) As to the place or country in which any goods were 
made or produced; or 

(c.) As to the mode of manufacturing or producing any 
goods; or 



388 Newfoundland 

(d.) As to the material of which any goods are composed; or 

(e.) As to any goods being the subject of an existing patent 
privilege or copyright^ 
and the use of any figure, word or mark which, according to the 
custom of the trade, is commonly taken to be an indication of 
any of the above matters, shall be deemed to be a trade description 
within the meaning of this chapter. 

The expression '' false trade description " means a trade de- 
scription which is false in a material repect as regards 
the goods to which it is applied, and includes every 
alteration of a trade description, whether by way of 
addition, effacement, or otherwise, where that altera- 
tion makes the description false in a material respect, 
and the fact that a trade description is a trade mark, 
or part of a trade mark, shall not prevent such trade 
description being a false trade description within the 
meaning of this chapter. 

The expression "goods" means anything which is the subject 
of trade, manufacture, or merchandize; 
The expressions "person,'' manufacturer," "dealer," or 
" trader," and " proprietor," include any body of per- 
sons corporate or incorporate; 

The expression " name " includes any abbreviation of a name. 

(2.) The provision of this chapter respecting the application 
of a false trade description to goods, shall extend to 
the application to goods of any such figures, words, or 
marks, or arrangement, or combination thereof, whether 
including a trade mark or not, as are reasonably cal- 
culated to lead persons to believe that the goods are 
the manufacture or merchandize of some person other 
than the person whose manufacture or merchandize 
they really are. 

(3.) The provisions of this chapter respecting the applica- 
tion of a false- trade description to goods, or respecting 
goods to which a false trade description is applied, 
shall extend to the application to goods of any false 
name or initials of a person, and to goods with the 
false name or initials of a person applied, in like man- 
ner as if such name or initials were a trade descrip- 
tion, and for the purpose of this enactment the expres- 



Newfoundland 389 

sion false name or initials means, as applied to any 
goods, any name or initials of a person which — 
(a.) Are not a trade mark, or part of a trade mark; and 
(&.) Are identical with, or a colourable imitation of the name 
or initials of a person carrying on business in connec- 
tion with goods of the same description, and not having 
authorized the use of such name or initials ; and 
(c.) Are either those of a fictitious person, or of some person 
not bona fide carr3'ing on business in connection with 
such goods. 

3. A person shall be deemed to forge a trade mark who 
either — 

(a.) Without the assent of the proprietor of the trade mark, 
makes that trade mark, or a mark so nearly resembling 
that trade mark, as to be calculated to deceive; or 
(b.) Falsifies any genuine trade mark, whether by alteration, 
addition, effacement, or otherwise; 
and any trade mark or marks so made or falsified, is in this 
chapter referred to as a forged trade mark. Provided that in any 
prosecution for forging a trade mark, the burden of proving the 
assent of the proprietor shall lie on the defendant. 

4. (1.) A person shall be deemed to apply a trade mark, or 
mark or trade description to goods, who — 

(a.) Applies it to the goods themselves; or 

(b.) Applies it to any covering, label, reel, or other thing in 
or with which the goods are sold, or exposed, or had in 
possession for any purpose of sale, trade or manu- 
facture; or 

(c.) Places, encloses, or annexes any goods which are sold, 
or exposed, or had in possession for any purpose of 
sale, trade or manufacture in, with, or to any cover- 
ing, label, reel, or other thing to which a trade mark 
or trade description has been applied; or 

(d.) Use? a trade mark, or mark, or trade description in any 
manner calculated to lead to the belief that the goods 
in connection with which it is used are designated or 
described by that trade mark or mark description. 

(2.) The expression " covering ^^ includes any stopper, cask, 
bottle, vessel, box, cover, capsule, case, frame or wrap- 



390 Newfoundland 

per ; and the expression " label " includes any band 

or ticket. 

A trade mark, or mark^ or trade description, shall be deemed 

to be applied whether it is woven, impressed, or otherwise worked 

into, or annexed, or affixed to the goods, or to any covering, label, 

reel, or other thing. 

(3.) A person shall be deemed to falsely apply to goods a 

trade mark or marks, who, without the assent of the 

proprietor of a trade mark, applies such trade mark, 

or a mark so nearly resembling it as to be calculated 

to deceive; but in any prosecution for falsely applying 

a trade mark or mark to goods, the burden of proving 

the assent of the proprietor shall lie on the defendant. 

6. Where a defendant is charged with making any die, block, 

machine, or other instrument, for the purpose of forging, or being 

used for forging, a trade mark, or with falsely applying to goods 

any trade mark, or any mark so nearly resembling a trade mark, 

as to be calculated to deceive, or with applying to goods any false 

trade description, or causing any of the things in this section 

mentioned to be done, and proves — 

(a.) That in the ordinary course of his business he is em- 
ployed, on behalf of other persons, to make dies, blocks, 
machines, or other instruments for making, or being 
used in making trade marks, or as the case may be, 
to apply marks or descriptions to goods, and that in 
the case which is a subject of the charge, he was so 
employed by some person resident in Newfoundland, 
and was not interested in the goods by way of profit 
or commission dependent on the sale of such goods; 
and 
(&.) That he took reasonable precautions against committing 

the offence charged; and 

(c.) That he had, at the time of the commission of the 

alleged offence, no reason to suspect the genuineness 

of the trade mark, mark or trade description ; and 

(d.) That he gave to the prosecutor all the information in 

his power with respect to the persons on whose behalf 

the trade mark, omit or description was applied, 

he shall be discharged from the prosecution, but shall be liable to 



Newfoundland 391 

pay the costs incurred by the prosecutor, unless he has given due 
notice to him that he will rely on the above defence. 

6. Where a watch case has thereon any words or marks which 
constitute, or are by common repute considered as constituting a 
description of the country in which the watch was made, and the 
watch bears no description of the country where it was made, 
those words or marks shall yrima facie be deemed to be a descrip- 
tion of that country within the meaning of this chapter, and the 
provisions of this chapter with respect to goods to which a false 
trade description has been applied, and with respect to selling 
or exposing for, or having in possession for, sale, or any purpose 
of trade or manufacture, goods with a false trade description, 
shall apply accordingly, and for the purpose of this section the 
expression " watch ^' means all that portion of a watch which is 
not the watch case. 

7. In any indictment, pleading, proceeding, or document, in 
which any trade mark or forged trade mark is intended to be 
mentioned, it shall be suflicient, without further description and 
without any copy or facsimile, to state that trade mark or forged 
trade mark to be a trade mark or forged trade mark. 

8. In any prosecution for an offence against this chapter — 
(1.) A defendant and his wife, or her husband, as the case 

may be, may, if the defendant thinks fit, be called as a 
witness, and, if called, shall be sworn and examined, 
and may be cross-examined and re-examined in like 
manner as any other witness. 
(2.) In the case of imported goods, evidence of the port of 
shipment shall be prima facie evidence of the place or 
country in which the goods were made or produced. 

9. Any person who, being within Newfoundland, procures, 

couuseLs, aids, abets, or is accessory to the commission, 
without Newfoundland of any act which, if committed 
in Newfoundland, would under this chapter be a mis- 
demeanor, shall be guilty of that misdemeanor as 
principal, and be liable to be indicted, proceeded 
against, ■ tried, and convicted in any place in New- 
foundland in which he may be, as if the misdemeanor 
had been there committed. 

10. (1.) "WTiere, upon information of an offence against this 
chapter, a Justice has issued either a summons requiring the de- 



392 Newfoundland 

fendant charged by such information to appear to answer, to the 
same, or a warrant for the arrest of such defendant, and either 
the said Justice on or after issuing the summons or warrant, or 
any other Justice is satisfied by information on oath that there 
is reasonable cause to suspect that any goods or things by means 
of, or in relation to, which such offence has been committed, are 
in any house or premises of the defendant, or otherwise in his 
possession, or under his control in any place, such Justice may 
issue a warrant under his hand, by virtue of which it shall be 
lawful for any constable, named or referred to in the warrant, 
to enter such house, premises, or place, at any reasonable time 
b}^ day, and to search there for, and seize, and take away, those 
goods or things; and any goods or things seized under any such 
warrant shall be brought before a Court of summary jurisdiction 
for the purpose of its being determined whether the same are or 
are not liable to forfeiture under this chapter. 

(2.) If the owner of any goods or things which, if the owner 
thereof had been convicted, would be liable to forfeit- 
ure under this chapter, is unknown or cannot be found, 
an information or complaint may be laid for the pur- 
pose only of enforcing such forfeiture, and a court of 
summary jurisdiction may cause notice to be adver- 
tised, stating that unless cause is shown to the con- 
trary at the time and place named in the notice, such 
goods or things will be forwarded, and at such time 
and place the Court, unless the owner or any person 
on his behalf, or other person interested in the goods 
or things, shows cause to the contrary, may order 
such goods or things, or any of them, to be forfeited. 
(3.) Any goods or things forfeited under this section, or 
under any other provision of this chapter, may be de- 
stroyed or otherwise disposed of in such manner as the 
Court by which the same are forfeited may direct, and 
the Court may, out of any proceeds which may be 
realized by the disposition of such goods (all trade 
marks and trade descriptions being first obliterated), 
award to any innocent party any loss he may have 
innocently sustained in dealing with such goods. 
11. The Imperial act of the session of the twenty-second and 
twenty-third 3^ears of the reign of her present Majesty, chapter 



NEWFOUNDIiAND 393 

seventeen, entitled " An Act to prevent vexations indictments for 
certain misdemeanors/^ shall apply to ajiy offence punishable on 
indictment under this chapter in like manner as if such offence 
were one of the offences specified in section one of that act. 

12. On any prosecution under this chapter, the Court may 
order costs to be paid to the defendant by the prosecutor, or to the 
prosecutor by the defendant, having regard to the information 
given and the conduct of the defendant and prosecutor respectively. 

13. ISTo prosecution for an offence against this chapter shall 
be commenced after the expiration of three years next after the 
commission of the offence, or one year next after the discovery 
thereof by the prosecutor whichever expiration first happens. 

14. Whereas it is expedient to make further provision for 
prohibiting the importation of goods which if sold would be liable 
to forfeiture under this chapter, be it therefore enacted as fol- 
lows : 

(1.) All such goods, and also all goods of foreign manufact- 
ure, bearing any name or trade mark being or purport- 
ing to be the name or trade mark of any manufacturer, 
dealer or trader in the United Kingdom or Newfound- 
land, unless such name or trademark is accompanied 
by a definite indication of the country in which the 
goods were made or produced, are hereby prohibited 
to be imported into Newfoundland, and subject to the 
provisions of this section shall be included among 
goods prohibited to be imported as if they were speci- 
fied in section 105 of chapter eight of these consolidated 
statutes. 

(2.) Before detaining any such goods, or taking any further 
proceedings with a view to the forfeiture thereof under 
the law relating to the customs, the Board of Revenue 
may require the regulations under this section, whether 
as to information, securit}^, conditions or other matters, 
to be complied with, and may satisfy themselves in 
accordance with those regulations that the goods are 
such as are prohibited by this section to be imported. 

(3.) The Board of Eevenue may from time to time make, 
revoke and vary regulations, either general or special, 
respecting the detention and forfeiture of goods, the 



394 Newfoundland 

importation of which is prohibited by this section, and 
the conditions, if any, to be fulfilled before such de- 
tention and forfeiture, and may by such regulations 
determine the information, notices and security to be 
given, and the evidence requisite for any of the pur- 
poses of this section, and the mode of verification of 
such evidence. 

(4.) Where there is on any goods a name which is identical 
with or a colourable imitation of the name of a place 
in the United Kingdom or Newfoundland, that name, 
unless accompanied by the name of the country in 
which such place is situated, shall be treated for the 
purposes of this section as if it were the name of a 
place in Newfoundland. 

(5.) Such regulations may apply to all goods, the importa- 
tion of which is prohibited by this section, or different 
regulations may be made respecting different classes of 
such goods, or of ofi'ences in relation to such goods. 

(6.) The Board of Eevenue, in making and administering the 
regulations, and generally in the administration of this 
section, whether in the exercise of any discretion or 
opinion, or otherwise, shall act under the control of 
the Governor in Council. 

(7.) The regulations may provide for the informant reim- 
bursing the Board of Eevenue all expenses and dam- 
ages incurred in respect of any detention made on 
his information, and of any proceedings consequent 
on such detention. 

(8.) All regulations under this subject shall be published in 
the Royal Gazette. 

(9.) This section shall have effect as if it were part of chap- 
ter eight of the consolidated statutes. 

15. On the sale, or in the contract for the sale, of any goods 
to which a trade mark, or mark, or trade description, has been 
applied, the vendor shall be deemed to warrant that the mark is a 
genuine trade mark and not forged, or falsely applied, or that the 
trade description is not a false trade description within the mean- 
ing of this chapter, unless the contrary is expressed in some writ- 



Newfoundland 395 

mg, signed by or on behalf of the vendor and delivered at the 
time of the sale or contract to and accepted by the vendee. 

16. Where, at the passing of this chapter, a trade description 
is lawfully and generally applied to goods of a particular class, or 
manufactured by a particular method, to indicate the particular 
class or method of manufacture of such goods, the provisions of 
this chapter with respect to false trade descriptions, shall not 
apply to such trade descriptions when so applied: Provided that 
where such trade descriptions includes the name of a place or 
country, and is calculated to mislead as to the place or country 
v/here the goods to which it is applied were actually made or pro- 
duced, anci the goods are not actually made or produced in that 
I^lace or country, this section shall not apply unless there is added 
to the trade description, immediately before or after the name 
of that place or country, in an equally conspicuous manner with 
that name, the name of the place or country in which the goods 
were actually made or produced, with a statement that they were 
made or produced there. 

17. (1.) This chapter shall not exempt any person from any 
action, suit, or other proceeding, which might, but for the pro- 
visions of this chapter, be brought against him. 

(2.) N'othing in this chapter shall entitle any person to refuse 
to make a complete discovery, or to answer any ques- 
tion or interrogatory in any action, but such discovery 
or answer shall not be admissible in evidence against 
such person in any prosecution for an offence against 
this chapter. 

(3.) Nothing in this chapter shall be construed so as to ren- 
der liable to any prosecution or punishment any serv- 
ant of a master resident in Newfoundland, who ho7ia 
fide acts in obedience to the instructions of such mas- 
ter, and on demand made by or on behalf of the prose- 
cutor, has given full information as to his master. 

18. Any person who falsely represents that any goods are 
made by a person holding a royal warrant, or for the sendee of 
Her Majesty, or any of the royal family, or any government de- 
2)artment, shall be liable on summary conviction to a penalty not 
exceeding one hundred dollars. 

19. A register of trade marks shall be kept at the office of 
the Colonial Secretary, in which the proprietor of any trade mark 



396 Newfoundland 

may have the same registered on complying with the provisions of 
this chapter. 

20. (1.) For the purposes of this chapter, a trade mark must 
consist of or contain at least one of the following essential par- 
ticulars : 

(a.) A name of an individual or firm printed, impressed or 
woven in some particular or distinctive manner; or 

(h.) A written signature or copy of a written signature of 
the individual or firm applying for registration thereof 
as a trade mark; or 

(c.) A distinctive device, mark, brand, heading, label or 
ticket; or 

(d.) An invented word or invented words; or 

(c.) A word or words having no reference to the character or 
quality of the goods, and not being a geographical 
name. 

(3.) There may be added to any one or more of the essential 
particulars mentioned in this section, any letters, 
words or figures, or of any of them ; but the applicant 
for registration of any sach additional matter must 
state in his application the essential particulars of the 
trade mark, and must disclaim in his application any 
right to the exclusive use of the added matter, and a 
copy of the statement and disclaimer shall be entered 
on the register. 

(3.) Provided as follows: 

(a.) A person need not under this section disclaim his own 
name or the foreign equivalent thereof, or his place of 
business; but no entry of any such name shall affect 
the right of any owner of the same name to use that 
name or the foreign equivalent thereof; 

(b.) Any special and distinctive word or words, letter, figure 
or combination of letters or figures, or of letters and 
figures used as a trade mark before the coming into 
force of these Consolidated Statutes, may be regis- 
tered as a trade mark under this chapter. 

21. A trade mark must be registered for particular goods 
or classes of goods. 

22. A trade mark may be registered in any colour or colours 
and such registration shall (subject to the provisions of this chap- 



Newfoundland. 397 

ter) confer on the registered owner the exclusive right to use the 
same in that or any other colour or colours. 

23. The Colonial Secretary, subject to the approval of the 
Governor in Council, may make rules and regulations, and adopt 
foims for the purposes of this chapter as respects trade marks, 
and all documents executed according to the same, and accepted by 
the Colonial Secretary, shall be deemed to be valid so far as relates 
to official proceeding under this chapter. 

24. The proprietor of a trade mark may have it registered on 
forwarding to the Colonial Secretary, together with the fee herein- 
after mentioned, a drawing and description in duplicate of such 
trade mark, and a declaration that the same was not in use to 
his knowledge by any other person than himself at the time of his 
adoption thereof. 

25. (1.) Before any action is taken in relation to an applica- 
tion for registering a trade mark, the following fees shall be paid 
to the Colonial Secretary, that is to say: 

On every application to register a trade mark, including 

certificate $20.00 

For the recording of an assignment 1.00 

Such fees to be paid by the Colonial Secretary to the Eeceiver 
General for the use of the colony. 

(2.) If the Colonial Secretary refuses to register the trade 
mark for which application is made, the fee shall be 
returned to the applicant or his agent, less five dollars, 
which shall be retained as compensation for office ex- 
penses. 

26. The Colonial Secretary may object to register any trade 
mark in the following cases: 

(1.) If the trade mark proposed for registration is identical 
with or resembles a trade mark already registered. 

(2.) If it appears that the trade mark is calculated to deceive 
or mislead the public. 

(3.) If the trade mark contains any immorality or scandal- 
ous figure. 

(4.) If the so-called trade mark does not contain the essen- 
tials necessary to constitute a trade mark properly 
speaking. 

27. On compliance vrith the requirements of this chapter, and 



398 Newfoundland 

of the rules hereinbefore provided for^ the Colonial Secretary shall 
register the trade mark of the proprietor so applying, and shall 
return to the said proprietor one copy of the drawing and de- 
scription with a certificate, signed by the Colonial Secretary, to 
the effect that the said trade mark has been duly registered in 
accordance with the provisions of this chapter; and the day, 
month and year of the entry of the trade mark in the register 
shall also be set forth in such certificate; and every such certificate 
purporting to be so signed shall be received in all courts in New- 
foundland as prima facie evidence of the fact therein alleged with- 
out proof of the signature. 

28. A trade mark once registered and destined to be the sign 
in trade of the proprietor thereof, shall endure without limitation. 

29. Every trade mark duly registered shall be assignable in 
law, and on the assignment being produced, and the fee herein- 
before prescribed being paid, the Colonial Secretary shall cause the 
name of the assignee, with the date of the assignment and such 
other details as he shall see fit, to be entered on the margin of the 
register of trade marks, on the folio where such trade mark is 
registered. 

30. Every person, other than the person who has registered 
the trade mark, v/ho marks any goods, or any article of any 
description whatsoever, with any trade mark registered under the 
provisions of this chapter, or with any part of such trade mark, 
whether by applying such trade mark, or any part thereof, to the 
article itself or to any package or thing containing such article, 
or by using any package or thing so marked which has been used 
by the proprietor of such trade mark, or who knowingly sells or 
offers for sale any article marked with such trade mark, or with 
any part thereof, with the intent to deceive and to induce any 
person to believe that such article was manufactured, produced, 
compounded, packed or sold by the proprietor of such trade mark, 
is guilty of a misdemeanor and liable for each offence to a fine 
not exceeding one hundred" dollars and not less than twenty dollars, 
which fine shall be paid to the proprietor of such trade mark, 
together with the costs incurred in enforcing and recovering the 
same. 

(1.) Every complaint under this section shall be made by 
the proprietor of such trade mark, or by some one 
acting on his behalf and thereunto duly authorized. 



Newfoundland . 39^ 

31. An action or suit may be maintained by any .proprietor 
of a trade mark, which has been registered in pursuance of this 
chapter, against any person who uses his registered trade mark, 
or any fraudulent imitation thereof, or who sells any article 
bearing such trade mark or any such imitation thereof, or con- 
tained in any package, being or purporting to be his, contrary to 
the provisions of this chapter. 



' CONSOLIDATED STATUTES. 

(Second Series.) 

Chapter 110. 
of copyright. 

1. This chapter may be cited as the " Copyright Act, 1890." 

2. The expression ^' legal representatives" shall include ex- 
ecutors, administrators and assigns or other legal representatives. 

3. The Colonial Secretary shall cause to be kept in his olBfice 
books, to be called the " Registers of Copyrights," in which pro- 
prietors of literary, scientific and artistic works or compositions 
may have the same registered in accordance with the provisions 
of this chapter. 

4. Any jDerson domiciled in I^ewfoundland, who is the author 
of any book, map, chart, or musical composition, or of any original 
painting, drawing, statute, sculpture or photograph, or invents, 
designs, etches or engraves, or causes to be engraved, etched or 
made from his own design any print or engraving, and the legal 
representatives of such person, shall have the sole and exclusive 
right and liberty of printing, re-printing, publishing, reproducing 
and veuding such literary, scientific or artistic work or composi- 
tion, in whole or in part, and of allowing translations to be printed 
or re-printed and sold of such literary work, from one language 
]nto other laiiguages for the term of twenty-eight years from the 
time of recording the copyright thereof, in the manner herein- 
before directed. 

5. (1.) The condition for obtaining such copyright shall be 
that the said literary, scientific or artistic works shall be printed 
and published or, in the case of works of art, that they shall be 
produced in this colony. 



400 Newfoundland 

(2) No immoral, licentious, irreligious, treasonable or sedi- 
tious literary, scientific or artistic work, shall be the 
legitimate subject of such registration or copyright. 

6. Any literary work intended to be published in pamphlet or 
book form, but which is first published in separate articles in a 
newspaper or periodical, may be registered under this chapter while 
it is so preliminarily published, if the title of the manuscript and 
a short analysis of the work are deposited at the Colonial Secre- 
tary's office, and if every separate article so published is preceded 
by the words " Registered in accordance with the Copyright Acf ; 
but the work when published in book or pamphlet form shall be 
subject also to the other requirements of this chapter. 

7. If a book is published anonymously, it shall be sufficient to- 
enter it in the name of the first publisher thereof, either on behalf 
of the unnamed author or on behalf of such first publisher, as the; 
case may be. 

8. N'o person shall be entitled to the benefit of this chapter,, 
unless he has deposited at the Colonial Secretary's office two copies. 
of such book, map, chart, musical composition, photograph, print,. 
cut or engraving; and in case of paintings, drawings, statuary 
and sculpture, unless he has furnished a written description of 
such work of. art, and the Colonial Secretary shall cause the copy- 
right of the same to be recorded forthwith in a book to be kept 
for that purpose in the manner adopted by him, or prescribed by 
the rules and forms made from time to time, as herein provided.. 

9. The Colonial Secretary shall cause one of such two copies 
of such book, map, chart, musical composition, photograph, print,, 
cut or engraving, to be deposited in the Legislative Library of this 
colony. 

10. It shall not be requisite to deliver any printed copy of 
the second or any subsequent edition of any book, unless the same 
contains very important alterations or additions. 

11. No person shall be entitled to the benefit of this chapter 
unless he gives information of the copyright being secured, by 
causing to be inserted in the several copies of every edition pub- 
lished during the term secured, on the title page or on the page 
immediately following if it is a book, or if it is a map, chart, 
musical composition, print, cut, engraving, or photograph, by 
causing to be impressed on the face thereof, or if it is a volume 
of maps, charts, music, engravings or photographs, upon the titlft 



Newfoundland 401 

page or frontispiece thereof the following words, that is to say: 
" Entered according to the Act of the Legislature of Newfound- 
land, in the year , by , at the Colonial Secretary's 
office '' ; but as regards paintings, drawings, statuary and sculp- 
tures, the signature of the artist shall be deemed a sufficient notice 
of such proprietorship. 

12. The author of any literary, scientific or artistic work, or 
his legal representatives, may pending the publication obtain an 
interim copyright therefor by depositing in the Colonial Secre- 
tary's office a copy of the title or designation of such work intended 
for publication, which title or designation shall be registered in 
an interim copyright register at the said department to secure 
to such author aforesaid, or his legal representative, the exclusive 
rights recognized by this chapter previous to publication. 

13. The application for the registration of an interim copy- 
right, a temporary copyright and of a copyright, may be made in 
the name of the author, or of his legal representatives, by any 
person purporting to be the agent of such author or legal repre- 
sentatives ; and any damage caused by a fraudulent or an erro- 
neous assumption of such authority shall be recoverable in any 
Court of competent jurisdiction. 

14. (1.) The right of an author of a literary, scientific or 
artistic work to obtain a copyright, and the copyright when ob- 
tained shall be assignable in law, either as to the whole interest 
or any part thereof by any instrument in writing made in dupli- 
cate, which shall be registered at the Colonial Secretary's office 
on production of both duplicates and the payment of the fee here- 
inafter mentioned. 

(2.) One of the duplicates shall be retained at the Colonial 
Secretary's office, and the other shall be returned with 
a certificate of registration to the party depositing it. 

15. Whenever the author of a literary, scientific or artistic 
work or composition which may be the subject of a copyright has 
executed the same for another person, or has sold the same to 
another person for due consideration, such author shall not be 
entitled to obtain or retain the proprietorship of such copyright 
which is by the said transaction. virtually transferred to the pur- 
chaser, and such purchaser may avail himself of such privilege 
unless a reserve of the privileges is specially made by the author 
or artist in a deed dulv executed. 



40^. Newfoundland 

16. If at the expiration of the said term of twenty-eight years 
the author or any of the authors (when the work has been origi- 
nall}'' composed or made by more than one person) is still living, 
or if such author is dead and has left a widow or a child or children 
living, the same sole and exclusive right and liberty shall be 
continned to snch author or to such authors still living, or if dead 
then to such widow and child or children as the case may be, for a 
further term of fourteen years ; but in such case within one year 
after the expiration of such term of twenty-eight years the title 
of the work secured shall be a second time registered, and all 
other regulations herein required to be observed in regard to 
original copyrights shall be complied with in respect to such re- 
newed copyright. 

17. In all cases of renewal of copyright under this chapter, 
the author or proprietor shall within two months from the date 
of renewal, cause notice of such registration thereof to be pub- 
lished once in the Royal Gazette. 

18. (1.) In case of any person making an application to 
register as his own the copyright of a literary, scientific or artistic 
work already registered in the name of another person, or in case 
of simultaneous conflicting applications, or of an application 
made by any person other than the person entered as proprietor 
of a registered copyright to cancel the said copyright, the person 
so applying shall be notified by the Colonial Secretary that the 
question is one for the decision of a Court of competent jurisdic- 
tion, and no further proceedings shall be had or taken by the 
Colonial Secretary concerning the application until a judgment 
io produced maintaining, cancelling or otherwise deciding the 
matter. 

(2.) Such registration, cancellation or adjustment of the said 
rights shall then be made by the Colonial Secretary in 
accordance with such decision. 

19. Every person who without the consent of the author or 
lawful proprietor thereof first obtained prints or publishes, or 
causes to be printed or published, any manuscript not previously 
printed in ^Newfoundland or elsewhere, shall be liable to the au- 
thor or proprietor for all damages occasioned by such publication, 
and the same shall be recoverable in any Court of competent 
jurisdiction. 

20. If a work copyrighted in Newfoundland becomes out of 



Newfoundland 403 

print, a complaint may be lodged by any person with the Colonial 
SecretaiT, who on the fact being ascertained to his satisfaction 
shall notify the owner of the copyright of the complaint and of 
the fact; and if within a reasonable time no remedy is applied 
by such owner, the Colonial Secretary may grant a license to any 
person to publish a new edition, specifying the number of copies 
and the royalty to be paid on each to the owner of the copyright. 

21. The following fees shall be paid to the Colonial Secre- 
tary before an application for any of the purposes herein men- 
tioned is received, that is to say: — 

On registering a copyright $1.00 

On registering an interim copyright 50 

On registering a temporary copyright .50 

On registering an assignment 1.00 

For certified copy of registration 50 

On registering any decision of a Court of Justice, for every 

folio 50 

For office copies of documents, not above mentioned, the fol- 
lowing charges shall be made: — 

For every single or first folio, certified copy $ .50 

For eYery subsequent hundred words (fractions under and not 
exceeding fifty not being counted, and over fifty being 
counted for one hundred) $ .25 

(2.) The said fees shall be in full for all services performed 
under this chapter by the Colonial Secretary, or by any 
person employed by him under this chapter. 

(3.) 'No person shall be exempt from the payment of any 
fee or charge payable in respect of any services per- 
formed under this chapter for such person, and no 
fee paid shall be returned to the person who paid it. 

22. Xothing herein contained shall prejudice the right of any 
person to represent any scene or object, notwithstanding there may 
be copyright in some other representations of such scene or object. 

23. Clerical errors which occur in the framing or cop3dng of 
any instrument drawn by any officer or employee in or of the 
department, shall not be construed as invalidating such instru- 



404 Nj]WFOUNDLAkb 

raent; but when discovered they may be corrected uiider the au- 
thority of the Colonial Secretary. 

24. All copies or extracts, certified from the Colonial Secre- 
tsLTy's office, shall be received in evidence without further proof 
and without production of the originals. 

26. The Colonial Secretary may, from time to time, subject 
to the approval of the Governor in Council, make such rules and 
regulations, and prescribe such forms as appear to him necessary 
and expedient for the purposes of this chapter; and such regula- 
tions and forms circulated in print for the use of the public shall 
be deemed to be correct for the purposes of this chapter; and all 
documents executed and accepted by the Colonial Secretary shall 
be held valid, so far as relates to all official proceedings under 
this chapter. 

26. Every person who wilfully makes, or causes to be made, 
any false entry in any of the registry books of the Colonial Secre- 
tary hereinbefore mentioned, or who wilfully produces or causes 
to be tendered in evidence, any paper which falsely purports to be 
a copy of an eiitry in any of the said books, shall be guilty of a 
misdemeanor, and shall be punished accordingly. 

27. Every person who fraudulently assumes authority to act 
as agent of the author, or of his legal representative, for the 
registration of an interim copyright, a temporary copyright, or a 
copyright, shall be guilty of a misdemeanor, and shall be punished 
accordingly. 

28. Every person who, after the copyright of any book is 
secured according to this chapter, and during the term or terms of 
its duration, prints, publishes, or reprints or republishes, or causes 
to be so printed or published, any copy or any translation of such 
book, without the consent of the person lawfully entitled to the 
copyright thereof, first had and obtained by assignment, or who 
knowing the same to be so printed, publishes, sells, or exposes 
for sale, or causes to be published, sold, or exposed for sale, any 
copy of such book without such consent, shall forfeit every copy 
of such book to the person then lawfully entitled to the copyright 



Newfoundland 405 

thereof; and shall forfeit and pay for every such copy which is 
found in his possession, either* being printed or reprinted, pub- 
lished or exposed for sale contrary to the provisions of this chap- 
ter, such sum not exceeding one dollar and not; less than ten cents 
as the Court may determine, which forfeiture shall be recoverable 
in any Court of competent jurisdiction, and a moiety of such sum 
shall go to the Keceiver General for the use of the Colony, and the 
other m.oiety shall belong to the lawful owner of such copy- 
right. 

29. Every person who after the registering of any painting, 
drawing, statue, or other work of art, and within the term or terms 
limited by this chapter, reproduces in any manner, or causes to be 
reproduced, made or sold in whole or in part any copy of any such 
work of art without the consent of the proprietor shall forfeit 
the plate or plates on which reproduction has been made, and every 
sheet thereof so reproduced, to the proprietor of the copyright 
thereof; and shall also forfeit for every sheet of such reproduc- 
tion published or exposed for sale contrary to this chapter such 
sum not exceeding one dollar nor less than ten cents as the Court 
determines, which forfeiture shall be recoverable in any Court of 
competent jurisdiction, and a moiety of such sum shall go to the 
Eeceiver General for the use of the Colony, and the other moiety 
shall belong to the lawful owner of such copyright. 

30. Every person who after the registering of any print, cut 
or 'engraving, map, chart, musical composition or photograph ac- 
cording to the provisions of this chapter, and within the term or 
terms limited by this chapter, engraves, etches or works, sells or 
copies, or causes to be engraved, etched or copied, made or sold, 
either as a whole or by varying, adding to or diminishing the main 
design with intent to evade the law, or who prints or reprints, or 
causes to be so printed or reprinted any such map, chart, musical 
composition, print, cut, engraving, or any part thereof without the 
consent of the proprietor of the copyright thereof first obtained 
as aforesaid, or who, knowing the same to be so re-printed or 
printed without such consent, publishes, sells, or exposes for sale, 
or in any manner disposes of any such map, chart, musical com- 
position, engraving, cut, photograph, or print, without such con- 
i^ent as aforesaid, shall forfeit the plate or plates on which such 



406 Newfoundland 

map, chart, musical composition, engraving, cnt, photograph or 
print has been copied, and also every sheet thereof so copied or 
printed as aforesaid, to the proprietor of the copyright thereof; 
and shall also forfeit for every sheet of snch map, chart, musical 
composition, print, cut or engraving found in his possession, 
printed or published, or exposed for sale contrary to this chapter, 
such sum, not exceeding one dollar nor less than ten cents, as the 
Court determines, which forfeiture shall be recoverable in any 
Court of competent jurisdiction, and a moiety of such sum shall 
go to the Receiver General for the use of the colony, and the other 
moiety shall belong to the lawful owner of such copyright. 

31. (1.) Every person who has not lawfully acquired the 
copyright of a literary, scientific or artistic work, and who inserts 
in any copy thereof, printed, produced, reproduced or imported, 
or who impresses on any such copy that the same has been entered 
according to this chapter, or words purporting to assert the exist- 
ence of a N"ewfoundland copyright in relation thereto, shall incur 
a penalty not exceeding one hundred dollars. 

(2.) Every penalty incurred under this section shall be recov- 
erable in any Court of competent jurisdiction, and a 
moiety thereof shall go to the Receiver General for the 
use of the colony, and the other moiety shall belong to 
the person who sues for the same. 

32. ISTo action or prosecution for the recovery of any penalty 
under this chapter, shall be commenced more than two years after 
the cause of action arises. 

An Act to amend Chapter 110 of the Consolidated Statutes, 
entitled '' Of Copyright." 

[Passed 19th July, 1899.] 

Section 1. — Copyright photographs. 

Be it enacted by the Governor, the Legislative Council and the 
House of Assembly, in Legislative Session convened, as fol- 
lows : — 



NewpoundijAnd 407 

1. Section 21, of Chapter 110, of the Consolidated Statutes, 
entitled ^^Of Copyright/^ is hereby amended by striking out the 
words following: 

" On registering a copyright, $1.00,'^ and substituting there- 
for the words "On registering a copyright (except photographs), 
$1.00/' " On registering the copyright of a photograph, $0.25/' 



4Q8 NiCABAGUA 

NICARAGUA. 

PATENT LAW (OCTOBER 11, 1899). 

Article 1. Every discovery or invention related to any in- 
dustry or art gives to its author a right of ownership to be 
enjoyed by him exclusively during the time and under the 
conditions determined in this decree. 

Art. 2. Any one who invents a machine, instrument, appa- 
ratus, manufacture, or method or process of application useful 
in the sciences or arts may request, and the Government grant 
him, a patent of invention that will assure his right of owner- 
ship during a term of from five to ten years. 

Art. 3. Any one who improves a patented discovery or in- 
vention, has the right to obtain from the Government additional 
patent, but this shall not be granted for a longer term than that 
which remains before the expiration of the original patent. 

Art. 4. By discoveries or new inventions, for the purpose of 
granting patents, shall be understood the new means and the 
new applications of known means for obtaining a given result or 
an industrial product, Avhether it be by a completely original 
process or by the improvement of those already known. 

Art. 5. Patents shall not be granted for discoveries or inven- 
tions constituting products or processes used in the country. 

Art. 6. Inventions made in foreign countries may be pat- 
ented in Nicaragua only when by this means a new industry 
may be established and when the process employed in the same 
is secret, and also when expressly provided for by international 
treaties. 

Art. 7. For the grant of a patent shall be paid from $20 to 
$100 yearly to the public Treasury during the time for which 
the same is granted, according to the importance of the business. 

Art. 8. The payment of the annuities to which the preceding 
article refers shall be made to the General Treasury of the Re- 
public the first year upon the granting of the patent and in 
succeeding years on the 1st day of January. 

Art. 9. Patents shall not be granted when the invention or 
discovery may be contrary to the rights acquired by a third 



Nicaragua 409 

person nor when prejudicial to hygiene or morals and when it 
may injure the security of persons or the State. 
Art. 10. Every patent shall expire: 

1. If it has been granted to the prejudice of the rights of 
other persons according to the judgment of a court of justice. 

2. If one year shall have passed without putting into opera- 
tion the industry or undertaking for which it was granted. 

3. If the undertaking or industry is abandoned for a period 
of one year after having been established. 

4. For not paying the annuities of the concession according 
to the terms of article 8. 

5. When the products that are sold are inferior to the sam- 
ples presented by reason of the same having been adulterated. 

The expiration of a patent shall be declared by the courts of 
justice upon the application of private parties or of the Public 
Ministry or its representative. 

Art. 11. Improvers of a patented invention shall not use the 
original invention to the prejudice of the inventor, neither can 
the latter make use of the improvement without the authority 
of the inventor. 

Art. 12. Patents are granted only for the process and not 
upon the products that may be obtained by a distinct method of 
elaboration. 

Art. 13. When the term of the patent has expired, the de- 
scription, that which constitutes the secret of the patented proc- 
ess, made by the inventor or discoverer shall be published in 
the Diario Oficial and from that time shall be public property. 

Art. 14. The Government in granting a patent shall reserve 
to itself the right to determine before the courts of justice the 
better right that other persons may have. 

Art. 15. The application to obtain a patent shall be pre- 
sented to the Ministry of Fomento, accompanied by the sam- 
ples, drawings, or models which constitute the subject-matter of 
the petition, together with a statement sworn to and legalized 
before a notary, which must contain the description of the in- 
vention or discovery made by its author and a declaration by 
him that the public has no knowledge of the same. The appli- 
cation having been presented, the Ministry will note at the 
foot the day and the hour at which it was presented, giving a 
receipt that it has been presented to the interested party if he 



410 ISTlCARAGUA 

should demand it. The application shall then be published in 
the Diario Oficial for a period of one month, and shall then 
be forwarded to the Director of Public Works, in order that he 
may inform himself, personally or by means of experts, at the 
expense of the person interested, as to the truth of the state- 
ments contained in the declaration of the applicant upon the 
utility of the process for which the patent has been demanded, 
and also to determine whether the latter is comprised among the 
cases excluded by any of the preceding articles. 

Art. 16. The Public Ministry shall be heard before acting 
upon the petition. 

Art. 17. Should there be no opposition and if the reports to 
which the preceding article alludes are not adverse, the Ex- 
ecutive Power, through the Ministry of Fomento, shall issue a 
decree granting the patent. 

Art. 18. The patent consists in a certificate containing the 
ordinal number which corresponds to that of the sworn petition 
of the applicant; the publication in the Diario Oficial; the 
expert report and that of the Public Ministry ; the receipt show- 
ing the payment of the fiscal fees ; a drawing of the object pat- 
ented, and, finally, the decree in which the exclusive right of 
ownership is guaranteed. 

Art. 19. Legal questions between private parties concerning 
the right to obtain a patent, the proof of falsity of a declara- 
tion made, and damage to the rights of others, are to be deter- 
mined by the courts of justice. 

Art. 20. The Office of Public Works shall keep a book in 
which the patents granted shall be registered, with all the data 
concerning the same, and a summary of the documents. 

Art. 21. The decree in which the patent is granted shall be 
published in the Diario Oficial, and the Office of Public Works 
shall also publish annually a list of the patents granted and 
a description of them unless they are secret. 

Art. 22. Patentees of inventions or improvements may trans- 
fer their rights under such conditions as they may deem advis- 
able, provided that the transfer sets forth the name of the per- 
son who is bound to pay the fiscal fees and is witnessed by a 
public instrument, registered in the book of patents and an- 
nounced in the official paper. 

Art. 23. The transfer must indicate the rights that are trans- 



Nicaragua 411 

ferred and whether it is limited to a certain specified town or 
Department or extends to the whole Republic. 

Art. 24. There will be punished with six months to one year 
of imprisonment— 

First. Those who counterfeit patented objects. 

Second. Those who knowing that the same is patented, deal 
in them. 

Third. Those who have made a false declaration in applying 
for a patent; and 

Fourth. Those who make it appear that an object is patented 
without being so legally. 

Art. 25. Those who sell articles that are fraudulent imita- 
tions of patented objects, are obliged to give to the patentee 
notice of the name of the author or vendor of the same and 
of the time when they were delivered, being considered accom- 
plices in case they do not give satisfactory explanation of their 
origin. 

Art. 26. In addition to the penalty that is fixed in article 24, 
the guilty parties shall incur the loss of the counterfeited ob- 
jects and shall pay the proper indemnification for damages. 

Art. 27. No civil or criminal action can be commenced if the 
objects of legitimate origin do not bear an indication of having 
been patented and the number of the patent whenever it is 
possible to indicate it. Nor can such actions be commenced after 
the lapse of three years from the date of the infringement or 
after one year from the day on which the patentee had knowl- 
edge of the fact for the first time. 

TRADE MARKS. 

In a report of the British Foreign Office for the year 1900 
the following paragraph appears : 

'^Nicaragua. — There are no laws in Nicaragua on the subject 
of trade marks, but in the Penal Code appear the two following 
articles : 

''Article 314, paragraph 2: 'He who forges the seal, stamp, 
or mark of any authority whatsoever, private establishment, in- 
dustrial or commercial bank, or of an individual, or makes use 
of forged seals, stamps, or marks, will be liable to imprisonment 
for one year and a fine of from j^50 to $500.' 

"Article 319 : 'He who causes to be placed on articles of man- 



412 Nicaragua 

ufacture the name of a manufacturer who is not the maker 
thereof, or the commercial sign of a factory which is not the 
real factory, is liable to imprisonment for six months and to a 
fine of from $50 to $500/ '' 



Panama 413 

PANAMA. 

PATENT AND TRADE MARK LEGISLATION. 

It is to be supposed that as long as no new law is enacted in 
Panama on the subject of patents or trade marks, the laws of 
Colombia, which were in force in that territory at the time of 
the secession, shall continue to be observed. 



414 Paraguay 

PARAGUAY. 

PATENT LAW. 

Article 19 of the Constitution of Paraguay guarantees to all 
authors, inventors, or discoverers the exclusive ownership for a cer- 
tain number of years of their works, inventions, or discoveries. 
But up to this date no law relating especially to this matter has 
been enacted. 

The modus operandi in these cases is as follows: 
The interested parties apply to Congress, asking for the privi- 
lege which they desire, and Congress b}^ special act grants or re- 
fuses the patent as it may deem proper. Patents are generally 
granted for ten years. 

TEADE MAEK LAW (JULY 6, 1889). 

Article 1. Trade marks are names, stated in a special form, of 
objects or of persons, emblems, monograms, engravings or prints, 
seals, vignettes, reliefs, letters and numbers of a particular de- 
sign, receptacles or wrappers, and any other signs intended to 
distinguish manufactured products or articles of commerce. 

Art. 2. Trade marks can be affixed either upon the receptacles, 
wrappers, or the articles themselves. 

Art. 3. The following shall not be considered as trade marks: 

1. Letters, words, names, or titles used or to be used by the 
Government. 

2. The form or shape given to the product by the manufacturer 
thereof. 

3. The color of the product. 

4. Words and expressions which have become of general use. 

5. The designations usually employed to indicate the nature of 
the product or the class to which it belongs. 

6. Drawings or expressions contrary to good morals. 

Art. 4. The absolute ownership of. the trade mark and the 
right to oppose the use of any other which may directly or indi- 
rectly produce confusion between the products, belong to the manu- 
facturer or merchant who has complied with the provisions of the 
present law. 



Paraguay 415 

Art. 5. The absolute ownership of a trade mark applies only 
to the kind of article specifically protected by the latter. 

Art. 6. The use of the trade mark is optional, but it may be 
made compulsory when required for the public benefit. 

Art. 7. The ownership of a trade mark is hereditary and can 
be transferred by contract or by last will and testament. 

Art. 8. The sale or transfer of the establishment where the 
article is produced carries with it the trade mark, if not provided 
otherwise. The assignee shall have the right to use the trade mark, 
even if consisting of the name of the assignor, or of some one else, 
as freely as the assignor himself might personally have done, with 
no other restrictions than those expressly set forth in the deed of 
sale or assignment. 

Art. 9. The transfer of a trade mark shall be recorded at the 
office where it is registered; otherwise the right to use it shall not 
be conveyed to the purchaser or assignee. 

Art. 10. Xo trade mark shall be considered to be in actual use, 
for the purpose of ownership under the present law, except those 
for which the office has given a proper certificate. 

Art. 11. The protection of the rights of the manufacturer or 
merchant respecting the exclusive use of the trade-mark shall 
last only ten years, but may be extended indefinitely for equal 
periods, provided that all the formalities required are complied 
with, and the tax, to be established elsewhere in this law, is duly 
paid. 

Art. 12. All those wishing to secure the ow^nership of a trade- 
mark shall apply to the Board of Public Credit, in which a 
Bureau of patents and trade-marks shall be established. 

Art. 13. Applications for trade-marks shall be accompanied by 
the following papers: 

1. Two copies of the trade-mark to which the application 
refers. 

2. Description, in duplicate, of the trade-mark, if it consists 
of figures or emblems indicating the class of objects for which 
the trade-mark is intended and whether it applies to manu- 
factured products or articles of commerce. 

3. A receipt showing that the amount of the tax established by 
article 19 of the present law has been paid in the office of the 
Treasurer of the Board of Public Credit, with the approval of the 
Comptroller of the Treasury. 



416 Paraguay 

■ 4. A power of attorney executed in due form of law in case 
the application is not made personally by the interested party. 

Art. 14. A record of all the applications filed shall be kept in a 
book^ the pages of which shall be numbered and signed by the 
Secretary of the Treasury, briefly stating the contents of the 
application and the date and hour of filing. 

This record shall be signed by the President of the Board of 
Public Credit (or in his absence by another official of the Board), 
the Secretary, and the applicant, and the latter shall be given, if 
he so desires, a certified copy thereof, written on a sheet of 50-cent 
stamped paper. 

Art. 15. Preference for the ownership of a trade-mark shall be 
governed by the day and hour on which the application was filed. 

Art. 16. A certificate of trade-mark to be issued by the Bureau 
of Patents shall consist of a certified copy of the decree by which 
it was granted, accompanied by a duplicate of the description and 
the drawings. The certificate shall be issued in the name of the 
nation, and shall be authorized by the signatures of the President 
a,nd Secretary of the Board of Public Credit and with the seal of 
the Board. 

Art. 17. An appeal may be taken to the Secretary of the 
Treasury within the period of ten days, against the decision of the 
Board of Public Credit denying the ownership of a trade-mark, 
and the Secretary of the Treasury shall affirm or repeal the de- 
cision after hearing the Solicitor-General. 

Art. 18. The Board of Public Credit shall keep a book in 
which all the concessions of trade-marks shall be inscribed in their 
regular order: and the President of the Board shall send every 
three months to the Secretary of the Treasury a statement of the 
certificates granted and denied, giving in each case the respective 
dates. 

These statements shall be published in the newspapers. 

Art. 19. A tax or fee of fifty dollars shall be paid for the 
registration of all trade-marks and the certificates thereof. 

For an}^ certified copy of the said certificates which may be de- 
sired thereafter an additional fee of five dollars shall be paid, this 
fee not including the value of the stamped paper, which shall be 
in this case one dollar for the first folio and twenty-five cents for 
each additional one. 

Art. 20. The trade-marks for which certificates have been is- 



Paraguay 417 

sued shall be kept in the archives of the Board of Public Credit. 

In case of litigation, a drawing of the trade-mark or of any 
section thereof shall be produced before the court, together with 
a certified copy of the description and of every other paper con- 
cerning or relating to the subject. 

Art. 21. Trade-marks and the descriptions thereof shall be 
kept in the Bureau at the disposal of anyone wishing to examine 
them. 

Art. 22. The name of the merchant, firm or business house 
dealing in a certain kind of article shall constitute industrial 
property for the purposes of the present law. 

Art. 23. If a merchant desires to engage in an industry in 
which another person is already engaged, with the same name, or 
with the same conventional designation, he shall adopt such a 
modification of the said name or designation as to render it visibly 
distinct therefrom. 

Art. 24. If a person who has been injured by the use of a trade- 
mark does not claim within one year, to be counted from tlie 
date on whi(^h the said use began, his action shall be barred b}^ 
limitation. 

Art. 25. Joint stock corporations shall have a right to the 
name used by them and shall be subject to the same limitations as 
private individuals. 

Art. 26. The right to the exclusive use of a name as industrial 
property shall terminate with the existence of the business house 
or the brand I of industry bearing the same. 

Art. 27. It shall not be necessary, for the exercise of the 
rights granted by this law, to register a name unless it forms part 
of the trade-mark. 

Art. 28. Fines ranging from $20 to $500, and imprisonment 
from fifteen days to one year, shall be imposed on the following: 

1. Those who tounterf<iic or in any manner alter a trade-mark. 

2. Those who affix upon their products or articles of commerce 
the trade-mark of some other person. 

3. Those who knowingly sell, offer for sale, consent to sell, or 
circulate articles on which a counterfeited or fraudulent trade- 
mark has been affixed. 

4. Those who knowingly sell, offer for sale, or consent to sell 
counterfeited trade-marks, and those who sell authentic marks 
without the knowledofe of their owner. 



418 Paraguay 

5. All those who, with fraudulent intention^ affix or cause 
others to affix upon merchandise a title or any olher false designa- 
tion relating either to its nature, quality, quantity, number, weight 
or measure, or the time or country in which it has been manufac- 
tured or shipped. 

6. Those who knowingly sell, offer for sale, or consent to sell 
merchandise bearing the false titles and designations spoken of in 
the preceding paragraph. 

In cases of second offense the penalty shall be doubled. 

Art. 29. To constitute offense it shall not be necessary for the 
counterfeit to embrace all the objects which should have been 
marked, it being sufficient for the counterfeited mark to appear 
on only one object. 

Art. 30. Tlie simple attempt shall not be deemed punishable 
or to entail civil responsibility, but it shall be sufficient reason to 
cause the destruction of the instruments which would have served 
for committing the counterfeit. 

Art. 31. Those who sell or offer for sale merchandise bearing 
a usurped or counterfeited trade-mark shall be bound to give to 
the merchant or manufacturer who is the owner thereof complete 
information in writing of the name and address of the person, or 
persons from whom he purchased or obtained the merchandise, and 
also of the time v\^hich they began to sell it. In case of refusal, 
they can be judicially compelled to do so under penalty of being 
considered as accomplices. 

Art. 32. All merchandise bearing counterfeited trade-marks 
found in the possession of the counterfeiter or of his agents shall 
be confiscated and sold, and the proceeds of the sale shall be ap- 
plied, after deducting the costs and indemnities established by the 
law, to meet the expenses of the national schools. 

Art. 33. Counterfeited trade-marks; found in the possession of 
the counterfeiter or his agents shall be destroyed, together with 
the instruments used in making the counterfeit. 

Art. 34. Criminal proceedings shall be instituted only at the 
request of interested parties, but after they are started they may 
be continued by the Grovernment attorney. 

The complainant may abandon his action at any time during the 
proceedings up to the moment of pronouncing the sentence. 

Art. 35. Those Avho have been injured by violators of the 



Paraguay 419 

present law have tlie right to sue for damages the authors and 
abettors of the offense. 

Sentences passed in these cases shall be published at the ex- 
pense of the condemned parties. 

Art. 3G. Xo criminal or civil action can be instituted after a 
lapse of three years, to be counted from the date on which the 
offense was committed or repeated, or after one year, to be counted 
from the date on which the owner of the trade-mark became ac- 
quainted for the first time with the fact. 

Interruptions of tlie time required to bar by limitation the action 
of a complainant shall be the same as are established by law for 
all cases. 

Art. 37. The provisions contained in the foregoing articles of 
the present title shall be applicable to those who without any right 
to do so make use of the name of a merchant or of the title or 
designation of a commercial house or factory, as set forth in title 2 
of the present law. 

Art. 38. Manufacturers who at the time of the promulgation 
of the present law are in possession of a trade-mark within the 
territory of the Eepublic shall not be entitled, however, to the 
exclusive use of the same, unless they fulfill the conditions re- 
quired by the present law; and for this purpose the period of one 
year, to be counted from the date of promulgation, is hereby 
granted to them. 

Art. 39. If before the promulgation of the present law sev- 
eral manufacturers have made use of the same trade-mark, the 
right to the exclusive use thereof shall be given to the one proving 
to have made first use of it. 

Should these parties be unable to prove priority in the use of 
the trade-mark, the ownership shall be given to the one doing the 
greatest amount of business. 

xA.RT. 40. Parties failing to register a trade-mark within the 
period fixed in article 38 of the present law shall not be entitled to 
take advantage of the use made thereof before the sanction of the 
present laAv to claim the right of priority. 

Art. 41. Before issuing a certificate of trade mark within one 
3'ear after the promulgation of the present law, the application of 
the interested party or parties shall be published for thirty days 
at the applicant's expense in a newspaper of the capital of the 
Republic, or of his residence, should any be published there. 



420 • Paraguay 

Art. 42. In order that foreign trade-marks may be given the 
protection accorded by this law, they shall be registered in con- 
formity with its provisions. 

The owners of foreign trade marks or their dnly accredited 
agents are the only ones authorized to apply for their registration. 

Art. 43. The Executive Power shall make such rules as may 
be necessar}^ for the execution of the present law. 



Peed 421 

PERU. 

General Remar'ks. 

In Peru, as in Paraguay and some other countries of America, 
the origin and foundation of the law on patents of invention is to 
be found in its political constitution. Article 27 of that instru- 
ment reads as follows: 

•'Useful discoveries are the exclusive property of their dis- 
coverers, except when they have willfully agreed to sell the secret 
thereof, or in case of condemnation of the patent for public use. 
Importers of discoveries made abroad shall enjoy the same ad- 
vantages as the discoveries themselves, during the period of time 
allowed to the latter under the law.^^ 

PATENT LAW OF JANUARY 28, 1869. 

Article 1. Discoveries or inventions in any branch of industry 
give their authors the exclusive right to work them to their profit 
under the conditions and for the time established in this law. 
This right shall be proven by means of a patent issued by the 
Government. 

A.WY.. 2. The following shall be considered inventions or dis- 
coveries : 

1. All new industrial products. 

2. All new methods or processes, or new applications of 
methods or processes already known, for obtaining an industrial 
product. 

Art. 3. The following shall not be patentable : 

1. Pharmaceutical compositions and medicines of all kinds. 

2. Financial plans or business combinations to secure credit or 
revenue. 

3. Methods or processes intended to improve some industry, if 
ihey are already known and freely used either at home or abroad. 

Art. 4. The right to put into practical operation plans and 
combinations of the class referred to in paragraph 2 of the fore- 
going article shall be allowed when the contracts therein involved 
are permitted by law; but the granting thereof shall always be 
made at public auction. 



422 Peru 

Art. 5. The duration of the privilege shall not exceed ten 
years, and those who obtain it shall pay $100 each year. This 
money shall be nsed in defraying the expenses of public works in 
the province where the patent is nsed. 

Art. 6. Applicants for patents of invention or introduetion 
shall file their petitions at the office of the Prefect of the depart- 
ment wherein the patent is to be nsed, or at the office of the 
Prefect of the department where they have their domicile, if the 
patent is to be nsed in two or more departments. 

Art. 7. The applications shall contain — 

1. The description of the invention. 

2. The drawings or samples required for the proper under- 
standing thereof. 

3. A statement, list, or schedule of the models accompanying 
the application. 

4. A clear and precise statement of the main purpose of the 
invention, the elements constituting it, and its uses. 

5. The duration of the privilege. 

6. The bond to be given as security for the carrying out of the 
idea represented by the invention. 

Art. 8. The application shall be written in Spanish, and no 
numbers, weights, or measures shall be used which are not known 
in the Eepublic. 

- If among the signers of the application there is any who is a 
foreigner, he shall make express renunciation of any right he 
may have to ask for diplomatic intervention in his behalf, in case 
that any question relating to the privilege asked for should ever 
arise. The said foreigner shall submit absolutely and exclusively 
to the laws and tribunals of the Eepublic. Without these requi- 
sites the application for the patent shall not be acted upon. 

x\rt. 9. The Prefects shall refer the application to the Municipal 
Council, to the Government attorney, and to all the other func- 
tionaries who, according to the nature of the subject, may have 
the right to express an opinion thereon. If necessary, they will 
hear also the opinions of experts. All this having been done, the 
Prefect shall forward the complete record, together with the draw- 
ings, models, etc., and their own report, all at the expense of the 
applicant, to the Secretary of the Government Department to 
which the matter belongs. 

Art. 10. The Secretary of the said Government Department 



Peru 423 

shall refer the case to the Attorney-General and to all the Bureaus 
or ofRces which he may deem proper, and upon their opinions or 
reports he shall grant or refuse the privilege. 

Art. 11. Extensions of the time of the privilege, and changes 
or modifications of the same, shall never be granted, except by an 
act of Congress, at the request of the patentees, and upon sub- 
stantial reasons, well-established facts, or trustworthy documents. 

Art. 12. The right to use the privilege shall belong ex- 
clusively to the patentee. All other persons must have either his 
permission or a formal conveyance or transfer of his rights in 
their favor, said conveyance or transfer to be made under the 
methods recognized by law. 

Art. 13. Patents of privilege shall be null and void in the 
following cases: 

1. If the discovery, invention, or application is not new. 

2. If they are not included in the classes explained in article 2. 
■ 3. If they refer to principles, methods, systems, theoretical or 
scientific discoveries, the industrial application of which has not 
been indicated. 

4. If they prove to be detrimental to public safety, public 
order, or the provisions of law. It is understood that the nullifica- 
tion of the patent in this case does not exempt from due punish- 
ment the manufacturers or sellers of forbidden articles. 

5. If it is proven that they were applied for and obtained, with 
the fraudulent intention of securing results different from the true 
one of the invention. 

6. If when put into practice it is found that they do not cor- 
respond with the description filed with the application. 

7. If they were obtained in violation of any of the provisions 
of this law. 

8. If in granting the privilege, some pecuniar}^ subsidy not 
provided for in the general appropriation law, or some exemption 
contrary to law, was also granted. 

All measures relating to amendments, improvements, or addi- 
tions not embraced in the original patent shall also be void. 

Art. 14. N"o discovery, invention, or application shall be deemed 
new, if sufficient publicity to make it known has been given to it, 
either at home or abroad, previously to the date of the application. 

Art. 1 5. The patentee shall forfeit his privilege : 

1. If he does not pay the annual quotas required by article 5. 



424 Peru 

2. If he does not put his invention or discovery into practice 
within two 3^ears after the date of the patent^ or during the 
period which the patent itself may state, except in case that he 
furnishes sufficient reasons capable to exculpate his failure. 

3. If he imports from abroad articles similar to those pro- 
tected by the patent. Models of machinery shall be excepted 
from the operation of this rule when examined hy the Government 
and imported with its authorization. 

Art. 16. Whoever assumes unlawfully the title of owner or 
possessor of a privilege and calls himself such, in handbills, adver- 
tisements, marks, stamps, etc., without having any right to do so, 
or after the expiration of the patent, shall be punished with a fine 
not to exceed 50,000 sols, according to circumstances. In case of 
second offense the fine shall be doubled, but the penalties attached 
to the making of false statements shall be also imposed. 

Art. 17. All persons interested in a privilege shall have the 
right to ask for the nullification or cessation thereof. No decision 
shall be given on this subject without first hearing the Attorney 
for the Grovernment. If the privilege is, for any reason whatever, 
annulled or canceled, notice thereof shall be given to the proper 
Department. 

Art. 18. Infringements of patents, whether by manufacturing 
the patented products or by using the methods and processes pro- 
tected by the patent, shall constitute a criminal offense to be pun- 
ished, according to the circumstances of the case, with a fine to 
tlie benefit of the patentee, and the confiscation of the machinery, 
products, and everything connected with the infringement. 

Art. 19. Patents now in operation, issued in accordance with 
the .provisions of the law in force at their respective dates, shall 
continue in existence for the balance of the period granted to 
them. 

AMENDMENT OF THE FOEEGOING LAW, ENACTED ON 
THE 3D OF JANUAEY, 1896. 

Whereas experience has shown the necessity of amending the 
patent law of January 28, 1869, the following is hereby enacted: 

Article 1. Persons or corporations desirous of obtaining a 
patent, be they inventors or importers of inventions, must file 
their applications directly at the Government offices. The Secre- 



Peru 425 

tary of Commerce will take charge of the application and issue the 
letters patent. 

Art. 2. The application shall be accompanied by the following : 
First, a description, in duplicate, of the invention or fact on which 
the invention is based; second, the plans, samples, or drawings, in 
duplicate, which may be necessary to illustrate the invention; 
third, a memorandum on the objects or papers submitted with the 
application ; fourth, the clear and precise specification of the 
claim, stating its distinctive features and the uses of the inven- 
tion; fifth, a statement of the time for which the patent is re- 
quested, provided that it does not exceed ten years, which is the 
maximum allowed by the law. 

Art. 3. As the Government does not guarantee either the 
novelty or usefulness of the invention, the security required by 
article 7, section 6, of the patent law in force shall no longer be 
obligatory. 

Art. 4. The application shall be referred to the Industrial 
Bureau, where the applicant shall be provided with a certificate 
showing the date of the application. If the applicant should so 
desire, an official notice stating the name of the inventor and the 
nature of the invention shall be published at his expense during 
thirty days. This having been done, the application shall be re- 
ferred to two examiners duly appointed. Should their opinion 
be contrary to the claim, notice shall be given to the applicant, 
and when he m.ay have submitted his reasons for upholding the 
claim a third examiner shall be associated to those already ap- 
pointed and their final opinion referred to the Industrial Bureau 
and to the Attorney-General, after which the Secretary of the 
Treasury shall give his decision. 

Art. 5. If the decision is favorable an order shall be made 
directing the patent to be issued, as soon as the applicant shall pay 
into the Treasury the sum of 50 sols, as Government fees, and 
unless this payment is made the patent shall not be issued. 

Art. 6. The duration of the privilege shall be counted from 
the date of the patent; and the patent shall have effect in all 
parts of the Eepublic. 

Art. 7. The law of January 28, 1869, is hereby amended, and 
the decree of February 26 of the same 3^ear is repealed. The 
models to which it refers shall be kept in the future in the Indus- 
trial Bureau. 



426 Peru 

Aet. 8. Applications which may be pending, at the time of 
the publication of this law, at the Prefect^s office or before the pro- 
vincial corporation, shall be immediately referred, regardless of 
their condition, to the Minister of Finance, who shall attend to 
the further prosecution of the claims according to this law, omit- 
ting the publications of the official notice. 

The Executive shall take all necessary measures for enforcing 
this law. 

EXECUTIYE DECREE ON EXTENSIONS OF TIME FOR 
COMMENCING THE WORKING OF PATENTS. 

Lima, May 10, 1903. 

Considering that in conformity with article 15 of the law of 
January 28, 1869, it is within the power of the Government to 
fix the term during which a patent must be put in operation, and 
that therefore it has also the power to extend the said term, when 
required by circumstances: It is 

Resolved, That the Government shall grant an extension of the 
time granted for commencing the working of a patent of inven- 
tion, when the application therefor be sufficiently justified, and 
accompanied by a certificate of the Solicitor of the Treasury show- 
ing that the petitioner has paid the sum of 25 sols ; it being under- 
stood that this extension does not in any way modify the duration 
of the patents as prescribed by article 50 of said law. 

TRADE MARK LAW (DECEMBER 19, 1892.) 

Article 1. All persons or industrial corporations have the 
right to apply for and obtain the official registration of denom- 
inations of articles, or names of persons written in some particular 
form, emblems, monograms, engravings, drawings, seals, vignettes, 
stamps in relief, letters, and numerals made or written in some 
special form, casks and wrappings, and in general any kind of sign 
or mark by which products of a factory, or articles of one class of 
trade, may be distinguished from all others. 

Art, 2. The use of a mark is optional, but if required by the 
good of the public it shall be compulsory. 

Art. 3. The following can not be registered as trade marks: 

1. Letters, words, names, or marks used, or to be used, by the 
Government only. 



Peru 427 

2. The form or shape given to the article by its manufacturer. 

3. The color of the article. 

4. Terms or expressions in general nse. 

5. Designations nsuall}^ emplo3^ed to indicate the nature of 
the articles or the class to which they belong. 

6. Immoral drawings or expressions. 

Art. 4. The right of ownership recognized by a registered 
trade marlc shall last ten years, but this time may be extended for 
another ten years, provided that application to that effect is made 
at any time within six months before the expiration of the first 
period, and provided further that all the requisites provided for 
in the original registration shall be again complied with. 

Art. 5. The registration of a trade mark entails the recogni- 
tion of absolute ownership of the same in favor of the party ob- 
taining it, and also of the right to oppose by legal means the use 
of any other mark liable to produce confusion, either directly or 
indirectly, between his own articles and others of similar kind. 
This right of ownership only extends to industries of the same 
kind. 

Art. 6. The ownership of trade marks passes to the heirs, and 
is transferable by contract or testamentary disposition. 

Art. 7. It is to be understood that the sale or transfer of the 
factory or establishment which owns and uses a trade mark car- 
ries with it, if nothing is provided to the contrary, the transfer 
of the ownership of the mark itself. 

Transfers shall be recorded at the office where the marks are 
registered. 

Art. 8. No trade mark shall be deemed valid, for the pur- 
poses of law, if it is not protected by a certificate of registration 
issued by the proper office. 

Art. 9. The priority or preference of the right of ownership 
of a trade mark shall be governed by the date of the application 
for its registration. 

Art. 10. To secure the ownership of a trade mark the follow- 
ing is required: 

1. To file an application for that purpose in the Department 
of the Treasury and Commerce, said application to be accompanied 
by two copies of the mark the registration of which is desired. 

2. To file, also in duplicate, a description of the mark when 
consisting of a figure or emblem. 



428 Peru 

3. To indicate the class of articles on which the mark is to be 
placed or affixed and explain whether the placing or affixing of the 
mark is to identify the products of some particular factory or 
to differentiate from all others a particular class of articles of 
commerce. 

4. To prove by means of a receipt from the General Treasury 
that the registration fees have been paid. 

5. To exhibit the power of attorney of the manufacturer or 
merchant who washes to secure the ownership of the trade mark, if 
the applicant appears in his name. 

Art. 11. The industrial division of the Department of the 
Treasury and Commerce shall keep a register of foreign trade 
marks, and another of domestic ones. The entries shall set forth 
succinctly the claims of the applicants, and the day and hour on 
which the applications are filed. Each entry shall be signed by 
the head of the office, the secretary or clerk in charge of the matter, 
and the applicant himself. The applicant shall be provided, at 
no other expense than the cost of the stamped paper, with a copy 
of the entry. The registration books shall be paginated, and the 
initials or signature of the Secretary of the Treasury shall be 
affixed to each one of their folios. 

Art. 12. The registration office shall keep another book, where- 
in concessions of ownership of trade marks shall be entered in 
chronological order. The head of the office shall send semian- 
nually to the Secretary of the Treasury and Commerce a list of 
the concessions made and refused during the period. This list 
shall be published. 

Art. 13. The trade marks shall be properly classified and pre- 
served in the archives of the registration office. The originals 
shall be produced in court in case of litigation. The public shall 
be permitted to examine them at the office. 

Art. 14. The duplicates of descriptions and drawings filed 
with the applications shall be attached to the certificates of owner- 
ship of the trade mark issued by the registration office. Said 
certificates shall be signed and sealed by the head of the office, in 
the name of the nation, by authority of the Government. 

Art. 1 5. Reconsideration of orders refusing the registration of 
a trade mark may be applied for within the period of thirty days 
subsequent to the date of the order. Applications to that effect 
shall be made to the Secretary of the Treasury and Commerce, 



Peru 429 

who, before rendering his decision, shall hear the opinion of the 
Government Attorney before the Supreme Court. 

Art. 16. The fees to be paid by the interested parties or their 
repre.sentatives shall be as follows: For the registration of a 
foreign trade mark or name, 100 silver sols; for the registration 
of a transfer and the certificate thereof, 50 sols; for the first 
certificate of registration, 40 sols; for each extra copy of the 
same, 20 sols. 

The value of the stamped paper on which these certificates should 
be written shall be also paid by the applicant. 

If the applicant is a domestic factory or establishment, the 
fees above stated shall be reduced to one-fourth. 

Art. 17. The name of a merchant, or of a commercial or in- 
dustrial firm, or of a house or establishment trading in any article 
whatever, shall constitute, for the purposes of this law, industrial 
property. 

Art. 18. Manufacturers or merchants when engaging in an in- 
'dustry already being carried on by some one else under a certain 
name, shall amend that name so as to make it different. 

Art. 19. Protests by interested parties against injuries sus- 
tained by them in these matters shall be entered within the period 
of one year. 

Art. 20. Corporations shall have, as far as the ownership of 
their names is concerned, the same rights as individual persons, 
and shall be subject to identical obligations. 

Art. 21. The exclusive right to use a name considered as 
industrial property shall terminate with the closing of the house 
or factory, or with the cessation of the industry to which the 
right refers. 

Art. 22. In order to enjoy the benefits of the law as far as 
the ownership of a name is concerned, it is not necessary for the 
name to have been registered. But the registration of the name is 
indispensable when it forms part of a trade mark. 

Art. 23. Infringements of trade marks shall be punished \sdth 
fines ranging from 25 to 500 sols, or with imprisonment from 
forty days to six months. The following shall be guilty of in- 
fringement : 

First. Those who counterfeit or in any way adulterate trade 
marks. 



iSO Peru 

Second. Those who affix, upon articles of their own fabrication, 
trade marks belonging to others. 

Third. Those who knowingly sell, offer for sale, accept the 
sale, or consent to the sale or circulation of articles stamped with 
connterfeited marks, or with marks frandnlently nsed. 

Fonrth. Those who knowingly sell, offer for sale, or accept the 
sale of connterfeited trade marks, and even authentic ones, when 
done without the consent of their lawful owners. 

Fifth. Those who, with fraudulent intention, mark or cause 
others to m.ark their own articles with false titles, or designations, 
respecting their nature, quality, quantit}^, number, weight, meas- 
ure, or the name of the country of origin. 

Sixth. Those who knowingly sell, offer for sale, or accept the 
sale of articles bearing the false statements to which reference 
is made in the foregoing paragraph. 

Aet. 24. In cases of second offense the penalty shall be 
doubled. 

Art. 25. The infringement or usurpation shall be deemed 
consummated, even if the counterfeited mark is affixed only to 
one article. 

Art. 26. Those who have sold, or keep for sale, articles bear- 
ing counterfeited marks, thereby infringing or usurping legitimate 
rights shall be bound to inform the lawful owner of the mark of 
the name and address of the person or persons from whom they 
bought the articles, or who offered to them the sale of the same, 
and the dates on which the negotiations for this purpose began. 
Those refusing to furnish this information may be judicially com- 
pelled to give it, under penalty of being taken and dealt with as 
accomplices. 

Art. 27. All articles bearing counterfeited or fraudulent 
marks found in the possession of the infringer or his agents shall 
be confiscated and sold. The proceeds of the sale shall be applied 
to the pa3^ment of the costs and of the indemnity established by 
law. The balance, if any, shall go to the schools of the province 
where the confiscation Was made. 

Art. 28. All counterfeited marks found in the possession of 
the infringer and all instruments and tools used for the counter- 
feiting shall be destroyed. 

Art. 29. The right to criminally prosecute the infringers be- 
longs exclusively to the injured part}^, but after the proceedings 



Peru 431 

have been started the Attorney for the Government shall join in 
them. The complainant shall have the right, however, at any 
time before the rendering of the decision, of withdrawing his com- 
plaint and thns ending the case. 

Art. 30. Persons injured by the infringement shall have the 
right to sue the infringers and their accomplices for damages. 
The decisions shall be published at the expense of the party against 
which they were rendered. The action expires by limitation three 
years after the infringement, and one year after the owner of the 
trade mark became aware of it. 

Art. 31. Cases of usurpation of name shall be governed by the 
same rules as the cases of infringements of trade marks. 

Art. 32. The registration of trade marks made by Municipal 
Councils shall be revalidated upon request by the owners of the. 
marks, the protection of which shall then be extended to the whole 
territory of the Eepublic. The fees to be paid in this case shall 
be one-half of the regular registration fees. 

Art. 33. The Provincial Council shall forward to the De- 
partment of the Treasury and Commerce all the trade mark reg- 
istration books which may be in their possession. The said Coun- 
cils are henceforth forbidden to take action in the matter of trade 
marks. 

TRANSIEN-T PROVISIONS. 

Art. 3-1. Business people, who at the time of the promulgation 
of this law find themselves in possession of trade marks to be used 
within the limits of the Republic, shall not secure the exclusive 
right of o^mership of the same unless they comply with the pro- 
visions of the present law. One year's time, to be counted from 
the date of the promulgation of this law, is hereby granted them 
for this purpose. 

Art. 35. In case that various persons engaged in industrial 
business have made use before the promulgation of this law of 
one and the same trade mark, the o^^mership of the same shall 
belong to that one who proves to have used it prior to all others. 
If such priority of use can not be proven, the ownership shall 
belong to the one who should pay a larger patent fee. If the 
patent fees are equal, preference shall be given to the one who has 
in his employment in the business to which the mark refers a 
greater number of employees, citizens of the Republic. 



432 ■ Peru 

Art. 36. If the registration of a trade mark is not made with- 
in the time fixed b}^ article 34, the use thereof before the approval 
of the present law shall not be snfficient ground for claiming ex- 
clnsive ownership. 

Art. 37. During the first year of the operation of this law 
no certificate of registration shall be issued without first publish- 
ing for thirty days in a newspaper of the capital of the Eepublic 
and in another of the place of residence of the applicant, and at 
his expense, the petition filed by the latter. 



Salvador 433 



SALVADOR. 

PATENT LAW. 

[Promulgated May 13, 1901.] 

The National Legislative Assembly of the Republic of Salva- 
dor, considering that the promulgation of a law on the subject 
of patents of invention or improvement, by which the rights 
of the inventors should be properly protected, is conducive to 
promote the general interests of the country, in use of the con- 
stitutional powers vested in it, does hereby decree : 

Article 1. Every Salvadorian or foreigner who is the in- 
ventor or improver of any industry or art, or of objects des- 
tined therefor, has the right, by virtue of article 34 of the 
Constitution, to the exclusive use thereof, during a certain num- 
ber of years, under the rules and regulations prescribed in this 
law. 

In order to acquire this right a patent of invention or im- 
provement should be obtained. 

Art. 2. All discoveries, inventions, or improvements having 
for their object a new industrial product, a new manner of 
production, or the new application of means already known for 
obtaining an industrial result or product, shall be patentable. 
Chemical or pharmaceutical products shall also be patentable. 

Art. 3. No invention or improvement shall be considered 
new when it has received in Central America or abroad, and 
prior to the application for the patent, sufficient publicity to 
be put into practice. An exception from this rule is admitted, 
when the publication has been made by a foreign authority em- 
powered to issue patents, and when the invention or improve- 
ment has been exhibited in expositions held in the Republic or 
abroad. 

Art. 4. The following shall not be patentable: 

I. Inventions or improvements the use of which is contrary 
to law or public safety. 

II. Scientific principles or discoveries as long as they are 
merely speculative and not in the form of a machine, appa- 



434 Salvador 

ratus, instrument, mechanical or chemical process, or prepara- 
tion of a practical industrial character. 

Art. 5. Before granting a patent the Department of "Fo- 
mento" shall investigate whether the invention or improvement 
to be covered by it is a real fact. 

Art. 6. No patent shall cover more than one object or process. 
AVhen two or more objects or processes may be combined to pro- 
duce one industrial result, applications for as many patents as 
may be necessary to cover each one of them shall be required. 

Art. 7. The rights vested by patents issued in the Republic, 
whether for objects or for processes, which are or may hereafter 
be protected by foreign patents, shall be independent of the 
rights vested by the latter, and of the effects or results thereof. 

Art. 8. The effects of a patent shall be: 

I. To deprive all persons of the right to produce, for indus- 
trial purposes, without permission from the owner of the patent, 
the object of the invention, or to place it in the market, or 
sell it. 

II. To deprive all persons, without permission of the owner 
of the patent, if the latter covers a process, machine, or any 
other manner of working an instrument or other means of 
operation, an instrument or other implement of labor, of the 
right to apply the process or use the object patented. 

Art. 9. The patent shall not protect the patentee against 
the claims of third parties which, previous to the filing of the 
application for the patent, had been using, or making prepara- 
tions for using, within the Republic, the patented invention or 
process. 

Art. 10. A patent shall not cover objects or products which 
are in the Republic or in its territorial waters merely in transit. 

Art. 11. The right to apply for a patent for objects or 
processes, protected by foreign patents, shall be vested exclu- 
sively in the inventors or improvers themselves, or their legiti- 
mate representatives. 

Art. 12. Inventors shall have, to the exclusion of all other 
parties, for the period of one year from the date of their pat- 
ents, the right of applying for a patent of improvement of their 
original invention. 

Art. 13. Patents shall be granted for twenty years, to be 
counted from the date on which they are issued; but when they 



Salvador ^35 

are intended to protect objects or processes already under the 
protection of foreign patents, they shall be granted only for 
a period of time equal to the unexpired term of the oldest 
patent. 

Art. 14. A patent may be extended for five years in special 
cases, at the discretion of the Executive. The extension of a 
patent of invention implies the extension of any patent for 
improvements thereon, which may have been granted. 

Art. 15. A patent may be condemned for public use upon 
proper indemnification, to be paid previously, whenever the Ex- 
ecutive, after due examination of the patented articles or proc- 
esses, finds them capable of creating an important branch of 
public wealth: Provided, however, That any of the following 
circumstances occur: 

I. That the inventor or improver refuses to allow his patent 
to be used. 

II. That the patented machine, apparatus, or instrument is 
capable of being made or used in the country. 

The manner and form of procedure to secure the condemna- 
tion of a patent under the present article shall be determined 
by law. 

Art. 16. In order to secure a patent and the rights and privi- 
leges attached thereto, application shall be made in due form 
to the Department of ' ' Fomento, ' ' in which the power of grant- 
ing patents is hereby vested. 

Art. 17. First applicant for a patent shall have in their 
favor the presumption of being first inventors or improvers, and 
shall enjoy, moreover, the rights of possession. 

Art. 18. Inventors or improvers, whether citizens or for- 
eigners, who are unable to personally appear before the De- 
partment of Fomento, shall have the right to appoint attorneys 
to represent them in securing the patent and in any lawsuits or 
questions relating thereto. Salvadorian citizens may appoint 
their attorneys by a simple letter of authorization, but foreign- 
ers shall have to execute a regular power of attorney and have 
it duly recorded. 

These powei-s of attorney shall cease to have effect, unless 
otherwise provided in them, as soon as the patent is issued. 

Art. 19. The application for a patent shall be published in 



436 Salvador 

the Diario Oficial, at intervals of ten days, during a period of 
two months. 

Art. 20. During the period of time mentioned in the fore- 
going article every one shall have the right to come before the 
Secretary of Fomento and oppose the granting of the patent. 
After the expiration of this period ho opposition of any kind 
shall be allowed. 

Art. 21. Opposition shall be allowed only on the following 
grounds : 

I. When the invention or improvement is not patentable 
under tibie provisions of this law. 

II. When the subject-matter of the alleged invention or im- 
provement has been taken from descriptions, specifications, draw- 
ings, models, instruments, apparatuses, or processes invented by 
another person, or from processes already put in practice by 
another, and, in general, when the applicant is not the original 
inventor or improver or their legitimate representative. 

Art. 22. If two or more persons apply for the same patent, 
the latter shall be issued in favor of the first inventor or im- 
prover, and, if this priority can not be ascertained, in favor of 
the first applicant. 

Art. 23. In all cases of opposition, under articles 20 and 21 
of the present law, the Secretary of Fomento shall order the 
parties to appear before him, and an effort shall be made there 
to reconcile their differences; and if this can not be done, all 
proceedings shall be suspended at once, the whole matter being 
then referred to the decision of the courts. The opposing party 
shall have two months to take proper action before said courts; 
but if no action is taken within this time, the opposition shall 
be dismissed. 

Art. 24. All final decisions passed by the courts in these mat- 
ters shall be transmitted to the Department of Fomento for 
their proper enforcement. 

Art. 25. No decision of the Department of Fomento granting 
a patent shall be invalidated except by judicial action, and only 
on the ground of nullity. 

Art. 26. At the expiration of the two months referred to in 
article 19, if the Department of Fomento has not already issued 
any patent covering the same invention or improvement, the 



Salvador 437 

patent shall be issued upon payment of the proper fees into the 
General Treasury of the Republic. 

Art. 27. Patents shall be issued in the name of the nation, 
they shall be signed by the President of the Republic and coun- 
tersigned by the Secretary of Fomento, and they shall contain 
in clear language a description of the discovery or improve- 
ment patented. 

The patent, accompanied by an authentic copy of the draw- 
ings, samples, or models, and another copy, issued by the chief 
clerk, of the document filed with the application, shall consti- 
tute the title papers of the patentee. 

Art. 28. Patents shall be recorded in a special register kept 
for the purpose. 

Art. 29. All patents shall be published in the Diario Oficial, 
and a clear and precise description of the patented inventions or 
improvements, accompanied by copies of the drawings, shall 
also be published annually in book form. 

Art. 30. All objects protected by a patent shall bear a mark 
stating the fact and the number and date of the patent. 

Art. 31. The fee to be paid for a patent shall be from $50 
to $150. 

Art. 32. The extension of a patent under article 14 of the 
present law, shall necessitate the payment of the same fee. 

Art. 33. Patentees of inventions or improvements shall prove, 
before the Department of Fomento, at the expiration of the 
first five years of the duration of their patents, that they have 
paid into the General Treasurj^ an additional fee of $50. Five 
years afterwards— or, in other words, at the expiration of ten 
years— the additional fee shall be $75, and at the expiration of 
fifteen years it shall be $100. All these payments shall be made 
in the currency of the country. 

If these additional fees are not paid at the expiration of each 
period of five years, the patent shall not be allowed to run for 
the succeeding period. 

Two months' time after the expiration of each five years shall 
be allowed in which to pay these fees, but this period shall not 
be extended. 

Art. 34. The Department of Fomento shall enter on the 
Register of Patents a notice that the provisions of the fore- 
going article have been complied with. 



438 Salvador 

, Art. 35. Patents shall be void: 

I. When issued in contravention of articles 2, 3, 4, and 5 of 
the present law. But if they have been issued upon applications, 
wherein more has been asked and granted than that to which 
the applicants are entitled as first discoverers or inventors, they 
shall be valid in so far as they relate to whatever the patentees 
may be really entitled to, provided that the provisions of the 
following paragraph are not violated and that in making the 
application no fraud was intended. In such case the patent 
shall be confined exclusively to what it should comprise, notice 
thereof being published and recorded as provided by article 39 
of the present law. 

II. When issued for an object different from the one stated 
in the application. 

III. When it is proven that the main purpose of the applica- 
tion is liable to opposition under Section II of article 21. 

The action to invalidate a patent in the present case shall be 
barred by limitation at the end of one year from the date in 
which the patent began to be used in the Republic. 

Art. 36. Proceedings before the courts for the invalidation 
of a patent on the ground of nullity may be instituted by pri- 
vate parties or by the Solicitor of the Treasury. The nullity of 
a patent can also be pleaded as a defense by any one engaged in 
the same industry. 

Art. 37. Patents shall become extinct: 

I. Upon the lapse of the time for which they were granted, 
or of the extensions. 

II. Upon the giving up, wholly or in part, of the patent. 

III. Upon failure to comply with the provisions of article 33. 
Art. 38. The declaration of extinction upon the grounds 

stated in Sections I and II of the foregoing article shall have 
to be made by the Department of Fomento. When asked upon 
the grounds of Section III, only the courts of justice shall be 
competent to make it, either at the request of private parties or 
of the Solicitor of the Treasury, whether through action or 
exception. 

Art. 39. The declaration of the nullification or extinction of 
a patent shall be published in the ''Diario Oficial" and recorded 
in the registration books of the Department of Fomento. 

Art. 40. The effects of a declaration of nullity or forfeiture 



Salvador 439 

of a patent shall be to cause the invention or improvement to 
become public property. 

When the renunciation of a patent has been only in part, the 
patent shall remain in force as to the rest. As to the rest, the 
use of the invention or improvement shall be free to all. 

The renunciation shall have to be made in writing, and shall 
be entered on the register of the Department of Fomento. 

Art. 41. The ownership of a patent may be conveyed by any 
of the means established by law for the conveyance of private 
property; but no assignment or act whatever implying a modi- 
fication of the right of ownership shall be prejudicial to the 
rights of the third party if not recorded in the Department of 
Fomento. 

Art. 42. Everything relating to infringements of patents 
shall be regulated by the provisions of the penal code and the 
rules of procedure applied thereto. 

Art. 43. The patent cases now pending shall be taken up in 
the condition in which they are, but everything to be henceforth 
done in the same shall be done in exact conformity with the pro- 
visions of this law. 

Art. 44. All owners of valid patents heretofore issued may 
avail themselves of the benefits of the present law, at the time 
fixed by it, upon the previous payment of the fees which it 
establishes. 

Art. 45. The Executive shall have the power to make such 
rules as may be necessary for carrying the present law into 
effect, and also to create a Patent Office, attached to the De- 
partment of Fomento, if deemed advisable. 

TRADE MARK LAW OF APRIL 27, 1901. 

The National Legislative Assembly of the Republic of Salva- 
dor, in use of the constitutional powers vested in it, does hereby 
decree : 

Article 1. Any sign by which the products of a factory or 
articles of commerce are distinguished shall be considered a 
trade mark. 

Art. 2. The protection which the present law concedes to 
industrial or mercantile trade marks does not cover any article 
not manufactured or sold in the country. 

Art. 3. No form, color, motto, or title which does not in itself 



440 Salvador 

constitute a specially distinguishing mark in trade of a product, 
shall be considered as a trade mark. In no case shall such mark 
be contrary to good morals. 

Art. 4. Any proprietor of a trade mark, whether a citizen or 
a foreigner residing in the country, may acquire the exclusive 
right to use the same in the Republic, subject to the provisions 
of this law. 

Citizens and foreigners residing abroad may register owner- 
ship of trade marks, provided they have in the country a branch 
house or industrial or mercantile agency for the sale of their 
products, subject, however, in the case of foreigners, to treaty 
provisions. 

Art. 5. In order to acquire exclusive o\^Tiership of a trade 
mark the interested party shall make application in person, or 
by his representative, to the Mercantile Tribunal at his place of 
residence, declaring in writing that he reserves his rights upon 
same, and accompanied by the following documents : 

I. A power of attorney granted to the representative, should 
the interested party not appear in person. 

II. Two copies of the trade mark or a representation of the 
same by means of a drawing or engraving. 

III. In case the trade mark is intaglio or in relief, or has 
some other peculiarity, two other sheets shall also be forwarded 
upon which these particulars shall appear, either by means of 
one or more detail drawings or by a written description. 

IV. The written commission contract, by virtue of which the 
agency shall have been established, duly legalized, in cases to 
which the second part of the foregoing article refers. 

Art. 6. The application shall set forth the name of the manu- 
factory, its location, the residence of the proprietor, and the 
kind of trade or industry in which the applicant desires to use 
the trade mark. 

Art. 7. An industrial or mercantile trade mark belonging to 
a foreigner not residing in this Republic, can not be registered 
therein unless previously and regularly registered in the country 
of its origin. 

Art. 8. The person who has first made legal use of a trade 
mark is the only person who may acquire ownership thereof. 
In case of a contest between two owners of the same mark, 



Salvador 441 

the ownership shall be vested in the original possessor, or, in 
case the possession can not be proven, in the first applicant. 

Art. 9. The exclusive ownership of a trade mark shall not 
be exercised except by virtue of its registration in the Mercan- 
tile Tribunal, a declaration having been previously made by the 
interested party to the effect that he has reserved his rights after 
having complied with all legal requisites. 

Art. 10. The declaration referred to in the preceding article 
shall be made without previous examination, on the exclusive 
responsibility of the applicant, and without prejudice to the 
rights of third parties. 

The Mercantile Tribunal shall cause the application of the 
interested party to be published three times in the official news- 
paper, and if there is no opposition within the ninety days fol- 
lowing it shall make the declaration referred to in article 9, 
ordering at the same time the registration of the trade mark, 
and returning to the interested party one of the copies with the 
reason therefor, and an annotation that 3 pesos have been paid 
as a registration fee. In case there is a contest the contending 
parties shall be cited to settle their dispute before the corre- 
sponding courts, which shall decide in favor of the party who is 
entitled to registration. 

Aet. 11. Trade marks can only be transferred with the busi- 
ness for whose manufacture or trade they serve as a distinctive 
device. The transfer, however, is not subject to any special 
formality and shall be made according to the provisions of 
law. 

Art. 12. The duration of the ownership of trade marks is 
indefinite, but the right shall be considered as abandoned by the 
closing, or failure to produce for more than a year, of the 
establishment, manufactory, or business employing the same. 

Art. 13. Trade marks deposited shall be preserved in the 
archives of the Mercantile Tribunal, where the registration may 
be examined by any person so desiring, and who, at his own 
expense, may obtain a certified copy of the same. 

Art. 14. The property of a trade mark obtained in violation 
of the foregoing provisions shall be judicially declared void on 
application of the interested party. 

Art. 15. Final decisions declarins: a trade mark to be void 



442 Salvador 

shall be communicated, for the purposes of cancellation, to the 
Mercantile Tribunal where it was registered. 

Art. 16. The offense of counterfeiting trade marks is com- 
mitted : 

I. By the use of facsimiles of a registered trade mark. 

II. By the imitation of a registered mark in such a perfect 
manner as to cause it, although it may differ in certain details, 
to be taken for another that has been legally obtained. 

Art. 17. All persons who have counterfeited or made use of 
a counterfeit trade mark, whatever may have been the place in 
which it has occurred, provided it be in connection with articles 
of the same industrial or commercial character, shall be guilty 
of the crime of counterfeiting. 

Art. 18. Crimes of counterfeiting trade marks shall be pun- 
ished according to the provisions of the penal code. 

Art. 19. The provisions of this law shall also cover products 
of agriculture as well as drawings ajid industrial trade mark*. 



United States of America 4.43 

UNITED STATES OF AMERICA. 

PATENT LAWS. 



[The constitutional provision. — The Congress shall have power * * * to pro- 
mote the progress of Science and Useful Arts, by securing for limited times to 
Authors and Inventors the exclusive right to their respective writings and discov- 
eries.] 



STATUTES. 
ORGANIZATION OF THE PATENT OFFICE. 

Title XI, Rev. Stat., p. 80 : 

Sec. 475. There shall be in the Department of the Interior 
an office known as the Patent Office, where all records, books, 
models, drawings, specifications, and other papers and things 
pertaining to patents shall be safely kept and preserved. 

Sec. 476. There shall be in the Patent Office a Commissioner 
of Patents, one Assistant Commissioner, and three examiners- 
fn-chief, who shall be appointed by the President, by and with 
the advice and consent of the Senate. All other officers, clerks, 
and employes authorized by law for the Office shall be appointed 
by the Secretary of the Interior, upon the nomination of the 
Commissioner of Patents. [See § 169.] 

Sec. 477. The salaries of the officers mentioned in the pre- 
ceding section shall be as follows: 

The Commissioner of Patents, four thousand five hundred 
dollars a year. 

The Assistant Commissioner of Patents, three thousand dol- 
lars a year. 

Three examiners-in-chief, three thousand dollars a year each. 

Title XI, Rev. Stat., p. 74: 

Sec. 440. There shall also be in the Department of the 
Interior — 

* #.* * m # * * * * 

In the Patent Office: 

One chief clerk, at a salary of two thousand five hundred 
dollars a year. 



444 _ United States of America 

One examiner in charge of interferences, at a salary of two 
thousand five hundred dollars a year. 

One examiner in charge of trade marks, at a salary of two 
thousand five hundred dollars a year. 

Twenty-four principal examiners, at a salary of two thou- 
sand five hundred dollars a year each. 

Twenty-four first assistant examiners, at a salary of one 
thousand eight hundred dollars a year each. 

Twenty-four second assistant examiners (two of whom may 
be women), at a salary of one thousand six hundred dollars a 
year each. 

Twenty-four third assistant examiners, at a salary of one 
thousand four hundred dollars a year each. 

One librarian, at a salary of two thousand dollars a year. 

One machinist, at a salary of one thousand six hundred dol- 
lars a year. 

Three skilled draughtsmen, at a salary of one thousand two 
hundred dollars a year each. 

Thirty-five copyists of drawings, at a salary of one thousand 
dollars a year each. 

One messenger and purchasing clerk, at a salary of one 
thousand dollars a year. 

One skilled laborer, at a salary of one thousand two hun- 
dred dollars a year. 

Eight attendants in the model-room, at a salary of one thou- 
sand dollars a year each. 

Eight attendants in the model-room, at a salary of nine hun- 
dred dollars a year each. 

Patent Office: For the Commissioner of Patents, five thou- 
sand dollars; Assistant Commissioner, who shall perform such 
duties pertaining to the office of Commissioner as may be as- 
signed to him by the Commissioner, three thousand dollars; 
chief clerk, two thousand five hundred dollars; two law clerks, 
at two thousand five hiindred dollars each; three examiners 
in chief, at three thousand dollars each; examiner of inter- 
ferences, two thousand five hundred dollars; thirty-nine prin- 
cipal examiners, at two thousand five hundred dollars each; 
forty-two first assistant examiners, at one thousand eight hun- 
dred dollars each; fifty second assistant examiners, at one 
thousand six hundred dollars each; sixty-one third assistant 



United States of America 445 

examiners, at one thousand four hundred dollars each; seventy 
four assistant examiners, at one thousand two hundred dol- 
lars each; financial clerk, who shall give bonds in such amount 
as the Secretary of the Interior may determine, two thousand 
two hundred and fifty dollars; librarian, two thousand dollars; 
five chiefs of division, at two thousand dollars each; three 
assistant chiefs of division, at one thousand eight hundred dol- 
lars each; seven clerks of class four, one of whom shall act as 
application clerk; machinist, one thousand six hundred dollars; 
seven clerks of class three, one of whom shall be translator of 
languages; fourteen clerks of class two; sixty-seven clerks of 
class one; skilled laborer, one thousand two hundred dollars; 
three skilled draftsmen, at one thousand two hundred dollars 
each; four draftsmen, at one thousand dollars each; twenty- 
seven permanent clerks, at one thousand dollars each; mes- 
senger and property clerk, one thousand dollars; five model 
attendants, at one thousand dollars each; ten model attendants, 
at eight hundred dollars each; one hundred and six copyists, 
seven of whom may be copyists of drawings; thirty-one copy- 
ists, at seven hundred and twenty dollars each; three mes- 
sengers; twenty-six assistant messengers; fifty-one laborers, at 
six hundred dollars each; fifty laborers, at four hundred and 
eighty dollars each; thirty-nine messenger boys, at three hun- 
dred and sixty dollars each; in all, eight hundred and fifty-one 
thousand nine hundred and fifty dollars. 

Patent Office: One examiner of trade marks and designs, 
two thousand five hundred dollars; two first assistant exam- 
iners, at one thousand eight hundred dollars each; two second 
assistant examiners, at one thousand six hundred dollars each; 
two third assistant examiners, at one thousand four hundred 
dollars each; three fourth assistant examiners, at one thousand 
two hundred dollars each; one clerk of class two, and three 
clerks of class one; in all, twenty thousand seven hundred 
dollars. 

For the share of the United States in the expense of con- 
ducting the International Bureau at Berne, Switzerland, seven 
hundred and fifty dollars. 

Title XI, Rev. Stat., p. 75 : 

Sec. 441. The Secretary of the Interior is charged Avith the 



446 United States oe America 

supervision of public business relating to the following subjects : 

Fifth. Patents for inventions. 



Jurisdiction of the Secretary on appeal from Commissioner. — Butterworth v. 
Hoe, 113 U. S., 50-60; 29 O. G., 615. 

Title XI, Eev. Stat., p. 80: 

Sec. 478. The seal heretofore provided for the Patent Office 
shall be the seal of the Office, with which letters patent and 
papers issued from the Office shall be authenticated. 

Sec. 479. The Commissioner of Patents and the chief clerk, 
before entering upon their duties, shall severally give bond, 
with sureties, to the Treasurer of the United States, the former 
in the sum of ten thousand dollars and the latter in the sum 
of five thousand dollars, conditioned for the faithful discharge 
of their respective duties, and that they shall render to the 
proper officers of the Treasury a true account of all money 
received by virtue of their offices. 

Sec. 480. All officers and employes of the Patent Office shall 
be incapable, during the period for which they hold their ap- 
pointments, to acquire or take, directly or indirectly, except 
by inheritance or bequest, any right or interest in any patent 
issued by the Office. 

Sec. 481. The Commissioner of Patents, under the direction 
of the Secretary of the Interior, shall superintend or perform 
all duties respecting the granting and issuing of patents di- 
rected by law; and he shall have charge of all books, records, 
papers, models, machines, and other things belonging to the 
Patent Office. 

Duties of Commissioner. — Butterworth v. Hoe, 112 U. S., 50; 29 O. G., 615. 

Sec. 482. The examiners-in-chief shall be persons of compe- 
tent legal knowledge and scientific ability, whose duty it shall 
be, on the written petition of the appellant, to revise and de- 
termine upon the validity of the adverse decisions of examiners 
upon applications for patents, and for reissues of patents, and 
in interference cases ; and when required by the Commissioner, 
they shall hear and report upon claims for extensions, and per- 
form such other like duties as he may assign them. 

Sec. 483. The Commissioner of Patents, subject to the ap- 
proval of the Secretary of the Interior, may from time to time 



United States of America 447 

establish regulations, not inconsistent with law, for the conduct 
of proceedings in the Patent Office. 

Sec. 484. The Commissioner of Patents shall cause to be 
classified and arranged in suitable cases, in the rooms and 
galleries provided for that purpose, the models, specimens of 
composition, fabrics, manufactures, works of art, and designs, 
which have been or shall be deposited in the Patent Office ; and 
the rooms and galleries shall be kept open during suitable 
hours for public inspection. 

Sec. 485. The Commissioner of Patents may restore to the 
respective applicants such of the models belonging to rejected 
applications as he shall not think necessary to be preserved, 
or he may sell or otherwise dispose of them after the applica- 
tion has been finally rejected for one year, paying the proceeds 
into the Treasury, as other patent moneys are directed to be 
paid. 

Sec. 486. There shall be purchased for the use of the Patent 
Office a library of such scientific works and periodicals, both 
foreign and American, as may aid the officers in the discharge 
of their duties, not exceeding the amount annually appropriated 
for that purpose. 

For purchase of professional and scientific books and ex- 
penses of transporting publications of patents issued by the 
Patent Office to foreign governments, two thousand five hun- 
dred dollars. 

For purchase of law books, five hundred dollars. 

Sec. 487. For gross misconduct the Commissioner of Patents 
may refuse to recognize any person as a patent-agent, either 
generally or in any particular case; but the reasons for such 
refusal shall be duly recorded, and be subject to the approval of 
the Secretary of the Interior. 

Sec. 488. The Commissioner of Patents may require all 
papers filed in the Patent Office, if not correctly, legibly, and 
clearly written, to be printed at the cost of the party filing 
them. 

Sec. 489. The Commissioner of Patents may print, or cause 
to be printed, copies of the claims of current issues, and copies 
of such laws, decisions, regulations, and circulars as may be 
necessary for the information of the public. 

Sec. 490. The Commissioner of Patents is authorized to have 



448 United States of America 

printed, from time to time, for gratuitous distribution, not to 
exceed one hundred and fifty copies of the complete specifica- 
tions and drawings of each patent hereafter issued, together 
with suitable indexes, one copy to be placed for free public in- 
spection in each capitol of every State and Territory, one for 
the like purpose in the clerk's office of the district court of each 
judicial district of the United States, except when such offices 
are located in State or Territorial capitols, and one in the 
Library of Congress, which copies shall be certified under the 
hand of the Commissioner and seal of the Patent Office, and 
shall not be taken from the depositories for any other purpose 
than to be used as evidence. [See § 894.] 

Sec. 491. The Commissioner of Patents is authorized to 
have printed such additional numbers of copies of specifica- 
tions and drawings, certified as provided in the preceding sec- 
tion, at a price not to exceed the contract price for such draw- 
ings, for sale, as may be Avarranted by the actual demand for 
the same; and he is also authorized to furnish a complete set 
of such specifications and drawings to any public library which 
will pay for binding the same into volumes to correspond with 
those in the Patent Office and for the transportation of the 
same, and which shall also provide for proper custody for the 
same, with convenient access for the public thereto, under such 
regulations as the Commissioner shall deem reasonable. 

Sec. 492. The jithographing and engraving required by the 
two preceding sections shall be aAvarded to the lowest and best 
bidders for the interests of the Government, due regard being 
paid to the execution of the work, after due advertising by the 
Congressional Printer under the direction of the Joint Com- 
mittee on Printing; but the Joint Committee on Printing may 
empower the Congressional Printer to make immediate con- 
tracts for engraving whenever, in their opinion, the exigencies 
of the public service will not justify waiting for advertisement 
and award; or if, in the judgment of the Joint Committee on 
Printing, the work can be performed under the direction of the 
Commissioner of Patents more advantageously than in the man- 
ner above described, it shall be so done, under such limitations 
and conditions as the Joint Committee on Printing may from 
time to time prescribe. 

Sec. 12. That it shall be the duty of the Commissioner of 



United States of America 449 

Patents to furnish, free of cost, one copy of the bound volumes 
of specifications and drawings of patents published by the Pat- 
ent Office to each of the Executive Departments of the Gov- 
ernment, upon the request of the head thereof. 

The Commissioner of Patents, upon the requisition of the 
Secretary of the Interior, is authorized to continue the print- 
ing of the following: 

First. The patents for inventions and designs issued by the 
Patent Office, including grants, specifications, and drawings, 
together with copies of the same, and of patents already issued, 
in such number as may be needed for the business of the Office. 

Second. The certificates of trade marks and labels registered 
in the Patent Office, including descriptions and drawings, to- 
gether with copies of the same, and of trade marks and labels 
heretofore registered, in such numbers as may be needed for 
the business of the Office. 

Third. The Official Gazette of the United States Patent Office 
in numbers sufficient to supply all who shall subscribe therefor 
at five dollars per annum; also to exchange for other scientific 
publications desirable for the use of the Patent Office; also to 
supply one copy to each Senator, Representative, and Delegate 
in Congress; also to supply one copy to eight such public 
libraries having over one thousand volumes, exclusive of Gov- 
ernment publications, as shall be designated by each Senator, 
Representative, and Delegate in Congress, with one hundred 
additional copies, together with bimonthly and annual indexes 
for all the same; of the Official Gazette the "usual number" 
shall not be' printed. 

Fourth. The Report of the Commissioner of Patents for the 
fiscal year, not exceeding five hundred in number, for distri- 
bution by him; the Annual Report of the Commissioner of 
Patents to Congress, without the list of patents, not exceeding 
one thousand five hundred in number, for distribution by him; 
and of the Annual Report of the Commissioner of Patents to 
Congress, with the list of patents, five hundred copies for sale 
by him, if needed, and in addition thereto the ''usual number" 
only shall be printed. 

Fifth. Copies of the specifications and drawings of each 
patent issued, bound in monthly volumes, one copy for each 



450 United States of Amekica 

of the Executive Departments of the Government, one copy to 
be placed for free public inspection in each capitol of every 
State and Territory, one for the like purpose in the clerk's 
office of the district court of each judicial district of the United 
States, except when such offices are located in State or Terri- 
torial Capitols, and one in the Library of Congress, which copies 
shall be certified under the hand of the Commissioner and seal 
of the Patent Office, and shall not be taken from the deposi- 
tories for any other purpose than to be used as evidence; also 
one hundred additional copies of the same, for sale by him at a 
price to be fixed by the Secretary of the Interior. The ''usual 
number" shall not be printed. 

Sixth. Pamphlet copies of the rules of practice, pamphlet 
copies of the patent laws, and pamphlet copies of the laws and 
rules relating to trade marks and labels, and circulars relating 
to the business of the Office, all in such numbers as may be 
needed for the business of the Office. The "usual number" 
shall not be printed. 

Seventh. Annual volumes of the decisions of the Commis- 
sioner of Patents and of the United States courts in patent 
cases, not exceeding one thousand five hundred in number, of 
which the "usual number" shall be printed, and for this pur- 
pose a copy of each shall be transmitted to Congress promptly 
when prepared. 

Eighth. Indexes to patents relating to electricity, and in- 
dexes to foreign patents, in such numbers as may be needed 
for the business of Office. The "usual number" shall not be 
printed. 

All printing for the Patent Office making use of lithography 
or photolithography, together with the plates for the same, 
shall be contracted for and performed under the direction of 
the Commissioner of Patents, under such limitations and con- 
ditions as the Joint Committee on Printing may from time to 
time prescribe, and all other printing for the Patent Office shall 
be done by the Public Printer under such limitations and con- 
ditions as the Joint Committee on Printing may from time to 
time prescribe: Provided, That the entire work may be done 
at the Government Printing Office whenever in the judgment of 
the Joint Committee on Printing the same would be to the 
interest of the Government. 



United States of America 451 

For photolithographing or otherwise producing plates and 
illustrations for the Official Gazette, eighty thousand dollars; 
for work to be done at the Government Printing Office, in pro- 
ducing the Official Gazette, including the letter-press, the weekly, 
monthly, bimonthly, and annual indexes therefor, exclusive of 
expired patents, one hundred thousand dollars; in all, one hun- 
dred and eighty thousand dollars. 

For producing the Official Gazette, including weekly, monthly, 
bimonthly, and annual indexes therefor, exclusive of expired 
patents, eighty thousand dollars. 

For producing copies of drawings of the weekly issues of 
patents, for producing copies of designs, trade marks, and 
pending applications, and for the reproduction of exhausted 
copies of drawings and specifications; said vv^ork referred to 
in this and the preceding paragraph to be done as provided 
by the ' ' Act providing for the public printing and binding and 
for the distribution of public documents : ' ' Provided, That the 
entire work may be done at the Government Printing Office if,. 
in the judgment of the Joint Committee on Printing, or if 
there shall be no Joint Committee, in the judgment of the Com- 
mittee on Printing of either House, it shall be deemed to be 
for the best interests of the Government, one hundred and thirty 
thousand dollars. 

For producing copies of drawings of the weekly issues of 
patents, for producing copies of designs, trade marks, and 
pending applications, and for the reproduction of exhausted 
copies of drawings and specifications; said work referred to in 
this and the preceding paragraph to be done as provided by 
the "Act providing for the public printing and binding and 
for the distribution of public documents:" Provided, That 
the entire Avork may be done at the Government Printing Office 
if, in the judgment of the Joint Committee on Printing, or if 
there shall be no Joint Committee, in the judgment of the 
Committee on Printing of either House, it shall be deemed to be 
for the best interests of the Government, forty thousand dollars. 

********** 

Title XI, Rev. Stat., p. 82: 

Sec. 493. The price to be paid for uncertified printed copies 
of specifications and drawings of patents shall be determined 



452 United States of America 

by the Commissioner of Patents: Provided, That the maxi- 
mum cost of a copy shall be ten cents. 

Sec. 494. The Commissioner of Patents shall lay before 
Congress, in the month of January, annually, a report, giving 
a detailed statement of all moneys received for patents, for 
copies of records or drawings, or from any other source what- 
ever; a detailed statement of all expenditures for contingent 
and miscellaneous expenses; a list of all patents which were 
granted during the preceding year; designating under proper 
heads the subjects of such patents; an alphabetical list of all 
the patentees, with their places of residence ; a list of all pat- 
ents which have been extended during the year ; and such other 
information of the condition of the Patent office as may be 
useful to Congress or the public. [See §§ 195, 196.] 

Sec. 496. All disbursements for the Patent Office shall be 
made by the disbursing clerk of the Interior Department. 

Sec. 7. That in every case where the head of any Depart- 
ment of the Government shall request the Commissioner of 
Patents to expedite the consideration of an application for a 
patent it shall be the duty of such head of a Department to be 
represented before the Commissioner in order to prevent the 
improper issue of a patent. 

courts. 

Sec. 629. The circuit courts shall have original jurisdiction 
as follows : 

Ninth. Of all suits at law or in equity arising under the 
patent or copyright laws of the United States. 

Supreme court of the District of Culmnbia in patent causes has circuit court 
jurisdiction. — Cochrane v. Deener, 94 U. S., 780; 11 O. G., 687. 

Jurisdiction.— R2.rte\\ v. Tilghman, 99 U. S., 547. Albright v. Teas, 106 U. S., 
613; 23 O. G., 829. Oliver Co. v. Chem. Works, 109 U. S., 75; 25 O. G., 784. Marsh 
z\ Nichols et al., 140 U. S., 344; 55 O. G., 259. White v. Rankin, 144 U. S., 628; 
59 O. G., 1606. 

Court of Claims.— [J. S. v. McKeever, 93 O. G., 1530. U. S. v. Palmer, 128 U. S., 
262-372. Hollister v. Benedict, 113 U. S., 59-73. Schillinger v. U. S., 155 U. S., 
]63; 69 O. G., 1505. U. S. v. Berdan Mfg. Co., 156 U. S., 552. 

Jurisdiction of circuit court. — St. Paul Plow Works v. Starling, 127 U. S., 
376-378; 43 O. G., 1350. 

Jurisdiction to annul patents. — U. S. v. Bell Telephone Co., 128 U. S., 315-373; 
45 O. G., 311. Mowrjr v. Whitney, 14 Wall., 343; 1 O. G., 492. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
in suits brought for the infringement of letters patent the 



United States of America 453 

circuit courts of the United States shall have jurisdiction, in 
law or in equity, in the district of which the defendant is an 
inhabitant, or in any district in which the defendant, whether 
a person, partnership, or corporation, shall have committed acts 
of infringement and have a regular and established place of 
business. If such suit is brought in a district of which the 
defendant is not an inhabitant, but in which such defendant 
has a regular and established place of business, service of 
process, summons, or subpoena upon the defendant may be 
made by service upon the agent or agents engaged in conduct- 
ing such business in the district in which suit is brought. 

Sec. 890. The Supreme Court shall have appellate jurisdic- 
tion in the cases hereinafter specially provided for. 



Costs.— Elastic Fab. Co. v. Smith, 100 U. S., 110. 

Violation of injunction, jurisdiction on appeal. — Warden v. Searles, 121 U. S., 
14-27; 39 O. G., 359. California Co. v. Molitor, 113 U. S., 609; 31 O. G., 1044. 

Appeals in regard to applications for patents. — Durham v. Seymour, 161 U. S., 
235; 74 O. G., 1731. 

Suit by United States to annul patents. — United States v. Bell Tel. Co., 159 U. 
S., 548; 73 O. G., 1285. 

Jurisdiction.— Wood Mach. Co. v. Skinner, 139 U. S., 293; 54 O. G., 1891. Do- 
lan V. Jennings, 139 U. S., 385; 55 O. G., 141. 

Appeal.— Fo\v]tr v. Hamill, 139 U. S., 549; 55 O. G., 715. 

Sec 699. A writ of error may be allowed to review any final 
judgment at law, and an appeal shall be allowed from any final 
decree in equity hereinafter mentioned, without regard to the 
sum or value in dispute: 

First. Any final judgment at law or final decree in equity 
of any circuit court, or of any district court acting as a cir- 
cuit court, or of the supreme court of the District of Columbia, 
or of any Territory, in any case touching patent-rights or copy- 
rights. 

Writ of error tv a Stats court considered. — Wood Co. v. Skinner, 139 U. S., 
293-297; 54 O. G., 1891. Felix v. Scharmveber, 125 U. S., 54-60; 43 O. G., 251. 

Sec 711. The jurisdiction vested in the courts of the United 
States in the cases and proceedings hereinafter mentioned, shall 
be exclusive of the courts of the several States: 



Sec 8. That this Act shall take effect January first, eighteen 
hundred and ninety-eight, and sections one, two, three, and 
four, amending sections forty-eight hundred and eighty-six, 
forty-nine hundred and twenty, forty-eight hundred and eighty- 
seven, and forty-eight hundred and ninety-four of the Revised 



454 United States of America 

Statutes, shall not apply to any patent granted prior to said 
date, nor to any application filed prior to said date, nor to 
any patent granted on such an application. 

Fifth. Of all cases arising under the patent-right or copy- 
right laws of the United States. 

No action in a United States court upon a contract for royalties when both par- 
ties are citizens of same State.— AWhright v. Teas, 106 U. S., 615; 23 O, G., 829. 
Oliver Co. v. Chem. Works, 109 U. .S., 75; 25 O. G., 784. 

^^^^^^^^^^ 

Sec. 2. That there is hereby created in each circuit a circuit 
court of appeals, which shall consist of three judges, of whom 
two shall constitute a quorum, and which shall be a court of 
record with appellate jurisdiction, as is hereafter limited and 
established. 

Sec. 4. That no appeal, whether by writ of error or other- 
wise, shall hereafter be taken or allowed from any district court 
to the existing circuit courts, and no appellate jurisdiction 
shall hereafter be exercised or allowed by said existing circuit 
courts, but all appeals by writ of error or otherwise, from said 
district courts, shall only be subject to review in the Supreme 
Court of the United States or in the circuit court of appeals 
hereby established, as is hereinafter provided, and the review, 
by appeal, by writ of error, or otherwise, from the existing 
circuit courts, shall be had only in the Supreme Court of the 
United States or in the circuit courts of appeals hereby estab- 
lished according to the provisions of this act regulating the 
same. 

Will not be allowed from court of appeals in regard to the registration of a 
trade-mark. — South Carolina v. Seymour, 153 U. S., 353; 67 O. G., 1191. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
the second section of an Act to establish circuit courts of ap- 
peals, passed March third, eighteen hundred and ninety-one, be 
amended so that the clause therein which now reads, ''The 
costs and fees in the Supreme Court now provided for by law 
shall be costs and fees in the circuit courts of appeals," shall 
read, "The costs and fees in each circuit court of appeals shall 
be fixed and established by said court in a table of fees, to be 
adopted within three months after the passage of this Act: 
Provided, That the costs and fees so fixed by any court of 
appeals shall not, with respect to any item, exceed the costs 



United States of America 455 

and fees now charged in the Supreme Court." Each circuit 
court of appeals shall, within three months after the fixing and 
establishing of costs and fees as aforesaid, transmit said table 
to the Chief Justice of the United States, and within one year 
thereof the Supreme Court of the United States shall revise, 
said table, making the same, so far as may seem just and rea- 
sonable, uniform throughout the United States. The table of 
fees, when so revised, shall thereupon be in force for each 
circuit. 

Sec. 6. That the circuit courts of appeals established by this 
act shall exercise appellate jurisdiction to review by appeal or 
by writ of error final decision in the district court and the 
existing circuit courts in all cases other than those provided 
for in the preceding section of this act, unless otherwise pro- 
vided by law, and the judgments or decrees of the circuit courts 
of appeals shall be final in all cases in which the jurisdiction is 
dependent entirely upon the opposite parties to the suit or con- 
troversy, being aliens and citizens of the United States or citi- 
zens of different States; also in all cases arising under the 
patent laws, under the revenue laws, and under the criminal 
laws and in admiralty cases, excepting that in every such sub- 
ject within its appellate jurisdiction the circuit court of appeals 
at any time may certify to the Supreme Court of the United 
States any questions or propositions of law concerning which 
it desires the instruction of that court for its proper decision. 
And thereupon the Supreme Court may either give its instruc- 
tion on the questions and propositions certified to it, which shall 
be binding upon the circuit courts of appeals in such case, or 
it may require that the whole record and cause may be sent 
up to it for its consideration, and thereupon shall decide the 
whole matter in controversy in the same manner as if it had 
been brought there for review by writ of error or appeal. 

And excepting that in any such case as is hereinbefore made 
final in the circuit court of appeals it shall be competent for 
the Supreme Court to require, by certiorari or otherwise, any 
such case to be certified to the Supreme Court for its review 
and determination with the same power and authority in the 
case as if it had been carried by appeal or writ of error to the 
Supreme Court. 

In all cases not hereinbefore, in this section, made final there 



456 United States of America 

shall be of right an appeal or writ of error or review of the 
case by the Supreme Court of the United States where the 
matter in controversy shall exceed one thousand dollars besides 
costs. But no such appeal shall be taken or writ of error sued 
out unless within one year after the entry of the order, judg- 
ment, or decree sought to be reviewed. 

Actual defendants may appeal without special consent cf nominal defendants. — 
Andrews v. Thum, 64 F. R., 149. 

Appeal on interlocutary motions. — Columbus Watch Co. v. Robbins, 52 F. R., 
337; 62 O. G., 1963; 148 U. S., 266; 63 O. G., 154. 

Rule of comity between appeal court and circuit court. — Wanamaker v. Mfg. Co., 
53 F. R., 791; 63 O. G., 156. 

Interlocutory order or decree and final decree defined. — Standard Co. v. Crane 
Co., 77 O. G., 811. 

Appeal must be taken within thirty days. — Raymond v. Royal Co., 76 F. R., 465; 
77 O. G., 1124. 

Jurisdiction on appeal. — Boston, etc., Co. v. Pullman Co., 51 F. R., 305; 61 O. G., 
428. Richmond v. Atwood, 48 F. R., 910; 61 O. G., 1655. 

Title XIII, Rev. Stat., p. 169 : 

Sec. 892. Written or printed copies of any records, books, 
papers, or drawings belonging to the Patent Office, and of let- 
ters patent authenticated by the seal and certified by the Com- 
missioner or Acting Commissioner thereof shall be evidence in 
all cases wherein the originals could be evidence; and any 
person making application therefor, and paying the fee re- 
quired by law, shall have certified copies thereof. 

Certified copy of patent as evidence. — Oregon Co. v. Excelsior Co., 132 U. S., 
215-216; 49 O. G., 1694. 

Certified copy of record of assignment as evidence. — Am. Cable Co. v. Mayor, 
Etc., of N. Y., 60 F. R., 1016; 67 O. G., 1334. 

Sec. 893. Copies of the specifications and drawings of foreign 
letters patent certified as provided in the preceding section, 
shall be prima facie evidence of the fact of the granting of 
such letters patent, and of the date and contents thereof. 

Sec 894. The printed copies of specifications and drawings 
of patents, which the Commissioner of Patents is authorized 
to print for gratuitous distribution, and to deposit in the cap- 
itols of the States and Territories, and in the clerk's offices of 
the district courts, shall, when certified by him and authenti- 
cated by the seal of his office, be received in all courts as evi- 
dence of all matters therein contained. [See § 490.] 

Sec. 973. When judgment or decree is rendered for the 
plaintiff or complainant, in any suit at law or in equity, for 
the infringement of a part of a patent, in Avhich it appears that 
the patentee, in his specification, claimed to be the original and 
first inventor or discoverer of anv material or substantial part 



United States of America 457 

of the thing patented, of which he was not the original and 
first inventor, no costs shall be recovered, unless the proper 
disclaimer, as provided by the patent laws, has been entered at 
the Patent Office before the suit was brought. [See §§ 4917, 
4922.] 

Sec. 1537. No patented article connected with marine en- 
gines shall hereafter be purchased or used in connection with 
any steam vessels of war until the same shall have been sub- 
mitted to a competent board of naval engineers, and recom- 
mended by such board, in writing, for purchase and use. 

Title XVII, Rev. Stat., p. 292: 

Sec. 1673. No royalty shall be paid by the United States 
to any one of its officers or employes for the use of any patent 
for the system, or any part thereof, mentioned in the preceding 
section, nor for any such patent in which said officers or em- 
ployes may be directly or indirectly interested. 

patents. 

Title LX, Rev. Stat., 1878, chap. 1, p. 945 : 

Sec. 4883. All patents shall be issued in the name of the 
United States of America, under the seal of the Patent Office, 
and shall be signed by the Commissioner of Patents, and they 
shall be recorded, together with the specifications, in the Patent 
Office in books to be kept for that purpose. 

Omission of signature of the Secretary. — Marsh v. Nichols Co., 128 U. S., 605- 
616; 46 O. G., 239. 

All patents for inventions signed by David L. Hawkins, 
Second Assistant Secretary of the Interior, or any other Assist- 
ant Secretary of the Interior, shall have the same force, effect, 
and validity as though the same had been signed by the Secre- 
tary of the Interior in person at the date on which they were 
respectively executed. 

Sec. 4884. Every patent shall contain a short title or de- 
scription of the invention or discovery, correctly indicating its 
nature and design, and a grant to the patentee, his heirs or 
assigns, for the term of seventeen years, of the exclusive right 
to make, use, and vend the invention or discovery throughout 
the United States and the Territories thereof, referring to the 
specification for the particulars thereof. A copy of the speci- 



458 United States of America 

fication and drawings shall be annexed to the patent and be a 
part thereof. 

Patented articles subject to State police laws. — Patterson v. Kentucky, 97 U. S., 
501. Webber v. State of Va., 103 U. S., 344; 20 O. G., 369. 

Patents are property. — Densmore v. Scofield, 102 U. S., 375; 19 O. G., 289. 

Government has no right to use patented inventions without compensation. — 
James v. Campbell, 104 U. S., 356; 21 O. G., 337. 

Sec. 4885. Every patent shall bear date as of a day not 
later than six months from the time at which it was passed and 
allowed and notice thereof was sent to the applicant or his 
agent; and if the final fee is not paid within that period the 
patent shall be withheld. 

Date of patent after correction. — Marsh v. Nichols Co., 128 U. S., 605; 46 O. 
G., 239. 

Sec 4886. Any person who has invented or discovered any 
new and useful art, machine, manufacture, or composition of 
matter, or any new and useful improvements thereof, not known 
or used by others in this country, before his invention or dis- 
covery thereof, and not patented or described in any printed 
publication in this or any foreign country, before his invention 
or discovery thereof, or more than two years prior to his appli- 
cation, and not in public use or on sale in this country for more 
than two years prior to his application, unless the same is 
proved to have been abandoned, may, upon payment of the fees 
required by law, and other due proceeding had, obtain a patent 
therefor. 



For investigating the question of the public use or sale of 
inventions for two years or more prior to filing applications for 
patents, and for expenses attending defense of suits instituted 
against the Commissioner of Patents, two hundred and fifty 
dollars : 

Abandoned experiments. — Seymour v. Osborne, 11 Wall., 516. Corn Planter 
Patent, 23 Wall., 181; 6 O. G., 392. Wood Paper Pat., 23 Wall., 566. Deering v. 
Winona Works, 155 U. S., 286; 69 O. G., 1641. West. Elec. Co. v. Sperry Elec. 
Co., 58 F. R., 186; 65 O. G., 597. 

Abandonment of invention. — Rifle Co. v. Whitney Co., 118 U. S., 22; 35 O. G., 
873. 

Act of Invention. — Wells v. Curtis, 66 F. R., 318; 74 O. G., 495, 

Aggregation. — Hailes v. Van Wormer, 20 Wall., 353. Reckendorfer v. Faber, 92 
U. S., 347; 10 O. G., 71. Rubber Co. v. Welling, 97 U. S., 7; 13 O. G., 727. Bus- 
sey V. Excelsior Co., 110 U. S., 131; 26 O. G., 733. Beecher Co. v. Atwater Co., 
114 U. S., 523; 31 O. G., 1306. Hendry v. Golden State, Etc., 127 U. S., 370; 43 
O. G., 1117. Thatcher Heating Co. v. Burtis, 121 U. S., 286; 39 O. G., 587. Union 
Edge Setter Co. v. Keith, 139 U. S., 530; 55 O. G., 285. Cluett v. Claflin. 140 U. S., 
180; 55 O. G., 999. Patent Clothing Co. v. Glover, 141 U. S., 560; 57 O. G., 1287. 
Derby v. Thompson, 146 U. S., 476; 61 O. G., 3 950. Ide v. Ball Engine Co., 149 
U. S,. 550; 63 O. G., 1529. Giles v. Heysinger, 150 U. S., 627. Richards v. Chase, 
158 U. S., 299; 71 O. G., 1456. Richards v. Chase, 159 U. S., 477; 73 O. G., 1710. 
Palmer v. Corning, 156 U. S., 342; 70 O. G., 1497. Deere & Co. v. Case Plow 
Works, 56 F. R., 841; 65 O. G., 441. Griswold, 78 O. G., 482. 



United Stages or America 459 

Aggregation and combination distinguished. — Stephenson v. Brooklyn Co., 114 
U. S., 149; 31 O. G., 263. Snyder, 78 O. G., 485. 

Anticipation of combination claim. — Cantrell v. Wallick, 117 U. S., 689; 35 O. 
G., 871. Sutter v. Robinson, 119 U. S., 530; 38 O. G., 230. Flower v. City of De- 
troit. 127 U. S., 563; 43 O. G., 1348. Wollensak v. Sargent & Co., 151 U. S., 221; 
66 O. G., 1007. Cons. Roller Mill Co. v. Barnard & Leas Co., 156 U. S., 261; 70 
O. G., 1065. American. Etc., Co. v. Pennock, Etc., Co., 17 S. C. Reporter, 1; 77 
O. G., 633. Cochrane v. Deener, 94 U. S., 780; 11 O. G., 687. Roemer v. Simon, 
95 U. S., 214; 12 O. G., 796. Illinois Co. v. Robbins, 52 F. R., 215; 61 O. G., 721. 

Art, machine, manufacture or composition of matter — Double use — Aggregation. — 
County of Fond du Lac v. May, 137 U. S., 395; 53 O. G., 1884. 

Article of manufacture. — Union Paper Col. Co. v. Van Dusen, 23 Wall., 530; 
7 O. G., 919. Cohn v. U. S. Corset Co., 93 U. S., 366; 11 O. G., 457. Andrews v. 
Thum, 67 F. R., 911; 72 O. G., 899. 

Article distinguished from method of making. — Cochrane v. Badische, 111 U. S., 
293; 27 O. G., 813. 

Change of material. — Hicks v. Kelsey, 18 Wall., 670. Smith v. Goodyear, 93 
U. S., 486; 11 O. G., 246. Terhune v. Phillips, 99 U. S., 592. Brown v. District 
of Columbia, 130 U. S., 87; 47 O. G., 398. Florsheim v. Schilling, 137 U. S., 64; 
53 O. G., 1737. Cheneau v. Comr. of Patents, 5 Tucker, 197; 70 O. G., 924. Kil- 
bourne v. Bingham Co., 50 F. R., 697; 60 O. G., 577. Edison Elec. Co. '.;. U. S. 
Co., 52 F. R., 300; 61 O. G., 564. 

Change of parts. — Ives v. Hamilton, 92 U. S., 426; 10 O. G., 336. Werner v. 
King, 96 U. S., 218; 13 O. G., 176. Mach. Co. v. Murphy, 97 U. S., 120. Thom- 
son-Houston Co. V. Western Co., 75 O. G.. 347; 72 F. R., 530. 

Change in .s/ia/'^.— Butler v. Steckel, 137 U. S., 21-30; 52 O. G., 1090. 

Decrree. — Planting Mach. Co. v. Keith, 101 U. S., 479; 17 O. G., 1031. Ansonia 
Brass Co. v. Elec. Supply Co., 144 U. S., 11; 58 O. G., 1692. Burt v. Evory, 133 
U. S., 349; 50 O. G., 1294. Wright v. Yuengling, 155 U. S., 47; 69 O. G., 639. 

Double use. — Tucker v. Spaulding, 13 Wall., 453. Brown v. Piper, 91 U. S., 37; 
10 O. G., 417. Roberts v. Ryer, 91 U. S., 150; 10 O. G., 204. Vinton v. Hamil- 
ton, 104 U. S., 465; 21 O. G., 557. Blake v. San Francisco, 113 U. S., 679; 31 O. 
G., 380. Railroad Co. v. Safety Truck Co., 110 U. S., 490; 27 O. G., 207. Win- 
dow Cleaner Co. v. Bosley, 15 Brodix, 64. Crescent Brewing Co. ik Gottfried, 128 
U. S., 158; 45 O. G., 944. Peters v. Hanson, 129 U. S., 541; 47 O. G., 945. St. 
Germain v. Brunswick, 135 U. S., 227: 51 O. G., 1129. Howe Machine Co. v. Na- 
tional Co., 134 U. S., 388-398; 51 O. G., 475. Marchand v. Emken, 132 U. S., 195- 
200; 49 O. G., 1841. Day %•. Fair Haven Co., 132 U. S., 98-103; 49 O. G., 1364. 
Busell-Trimmer Co. v. Stevens, 137 U. S., 423; 53 O. G., 2044. Lovell Mfg. Co. v. 
Gary, 147 U. S.. 623; 62 O. G., 1821. Leggett v. Oil Co., 149 U. S., 287; 63 O. G., 
1201. Market Street Co. v. Rowley, 155 U. S., 621; 70 O. G., 632. National Meter 
Co. V. Thompson Meter Co., 65 F. R., 427; 70 O. G., 925. Beach v. Inman Co., 

71 F. R., 420; 74 O. G., 379. New Departure Co. v. Bevin Bros. Co., 73 F. R., 
469; 75 O. G., 2196. Steiner Co. v. Adrian, 59 F. R., 132; 66 O. G., 1756. Zinsser 
V. Knieger, 48 F. R., 296; 58 O. G., 805. 

Double use and invention distinguished. — Potts v. Creager, 155 U. S., 597; 70 
O. G., 494. Taylor et al. v. Sawyer Co., 75 F. R., 301; 77 O. G., 452. 

Equivalents. — Seymour v. Osborne, 11 Wall., 516. Smith v. Nichols, 21 Wall., 
112. Gould V. Rees. 15 Wall., 187. Hyndman v. Roots, 97 U. S., 224; 13 O. G., 
868. Mfg. Co. V. Mfg. Co., 12 Brod., 281. Imhaeuser v. Buerk, 101 U. S., 647; 
17 O. G., 795. Goodyear Co. v. Davis, 102 U. S., 222; 19 O. G., 543. Wicke v. 
Ortrum, 103 U. S., 461: 19 O. G., 467. Guidet v. City of Brooklyn, 105 U. S., 
566; 21 O. G., 1692. Clough v. Gilbert & Barker Co., 106 U. S., 178; 22 O. G., 
2241. Kink v. Gallun, 109 U. S., 99; 25 O. G., 980. Consolidated Roller Mill Co. 
V. Walker, 138 U. S., 124; 54 O. G., 1415. Western Elec. Co. v. La Rue, 139 
U. S., 601; 55 O. G., 571. McClain v. Ortmayer, 141 U. S., 419; 57 O. G., 1129. 
Myers v. Shovel Co., 141 U. S., 674; 57 O. G., 1722. Hoyt v. Home, 145 U. S., 
302; 59 O. G., 1764. Nat'l Hat Pouncing Co. v. Hedden, 148 U. S., 482; 63 O. G., 
466. Brigham v. Coffin, 149 U. S., 557; 63 O. G., 1385. Erie Rub. Co. v. Am. 
Dunlop Tire Co., 70 F. R., 58; 74 O. G., 1443. Hunt Bros. v. Cassidy, 53 F. R., 
257; 62 O. G., 1965. Briggs, 78 O. G., 169. McKav Co. v. Dizer, 61 F. R., 102; 
68 O. G., 281. Jones Co. v. The Munger Co., 49 F. R., 61; 58 O. G., 274. 

Extensive M.ye.— Magowan v. N. Y. Belt & Pack. Co., 141 U. S., 332; 57 O. G., 
845. McClain v. Ortmayer, 141 U. S., 419; 57 O. G., 1129. McCreary v. Pa. Canal 
Co., 141 U. S., 459; 57 O. G., 1131. Gandy v. Belt Co., 143 U. S., 587; 59 O. G., 
1106. Grant v. Walter, 148 U. S., 547; 63 O. G., 910. Krementz v. Cottle Co., 148 
U. S., 556; 69 O. G., 241. Duer v. Corbin Lock Co., 149 U. S., 216; 63 O. G., 
1060. Kevstone Mfg. Co. v. Adams, 151 U. S., 139; 66 O. G., 654. Olin v. Tim- 
kin, 155 U. S., 141; 69 O. G., 1361. Seabury v. Am Ende, 152 U. S., 561; 67 O. G., 
401. Holmes v. Truman, 67 F. R., 542; 73 O. G., 448. Fox v. Perkins, 52 F. R., 
205; 62 O. G., 160. Dueber Co. v. Robbins. 75 F. R., 17; 77 O. G., 154. Saun- 
ders V. Allen. 60 F. R., 610; 67 O. G., 1330. Watson v. Stevens, 51 F. R., 757; 
60 O. G., 1884. 

Foreign publication. — Rosewasser v. Spieth, 129 U. S., 47. 

Idea not patentable.— Vev.cW Co. v. Howard, 20 Wall., 498; 7 O. G., 172. 

Inoperative structure. — Mitchell v. Tilghman, 19 Wall., 287; 5 O. G., 299. 

Patent covers other analogous uses. — Stow v. City of Chicago, 104 U. S., 547; 
21 O. G., 790. W. & C. Wire Cloth Co. v. Clinton Wire Cloth Co., 67 F. R., 790; 

72 O. G., 1046. 



460 United States, of America 

Lack of invention generally. — Lehigh Valley Co. v. Kearney, 158 U. S., 461. 
Balding Mfg. Co. v. Challenge Co., 151 U. S., 100; 67 O. G., 141. Morgan En- 
velope Co. V. Albany Co., 152 U. S., 425; 67 O. G., 271. Sargent v. Covert, 152 
U. S., 516; 67 O. G., 403. Haughey v. Lee, 151 U. S., 282; 66 O. G., 1450. West- 
ern Elec. Co. V. Ansonia Co., 114 U. S., 447-453; 31 O. G., 1305. Estey v. Burdett, 
109 U. S., 633; 26 O. G., 637. Hartshorn v. Saginaw Co., 119 U. S., 664-679; 38 
O. G., 540. Preston v. Manard, 116 U. S., 661-664; 34 O. G., 1507. Weir v. 
Morden, 125 U. S., 98-108; 43 O. G.. 753. Hailes v. Albany Stove Co., 123 U. S., 
582-589; 42 O. G., 95. Holland v. Shipley, 127 U. S., 396; 44 O. G., 231. Peters 
V. Active Co., 130 U. S., 626; 47 O. G., 1219. Pattee Co. v. Kingman Co., 129 
U. S., 294-305; 46 O. G., 1107. Dreyfus v. Searle, 124 U. S.. 60; 42 O. G., 491; 
Munson v. Mayor of N. Y., 124 U. S., 601-605; 42 O. G., 1061. Goebel v. Gold- 
man, 64 F. R., 787; 70 O. G., 1641. Consolidated Elec. Mfg. Co. v. Holtzer, 67 
F. R., 907; 72 O. G., 415. Andrews v. Thum, 67 F. R., 911; 72 O. G., 899. Kilmer 
V. Friswold, 67 F. R., 117; 72 O. G., 1786. Thompson Mfg. Co. v. Walbridge, 67 
F. R., 1021; 72 O. G., 1788. Kilmer Co. v. Griswold, 74 F. R., 561; 76 O. G., 963. 
Philadelphia Co. v. Weeks, 61 F. R., 405; 68 O. G., 417. 

Mechanical skill. — Hollister v. Benedict, 113 U. S., 59-73. Morris v. McMillin, 
112 U. S., 244; 29 O. G., 951. Pomace Holder Co. v. Ferguson, 119 U. S., 335- 
338; 37 O. G., 1479. Yale Lock Co. v. Greenleaf, 117 U. S., 554-559; 35 O. G., 386. 
Aron V. Manhattan Co., 132 U. S., 84; 49 O. G., 1365. Shenfield v. Nashawannuck 
Co., 137 U. S., 56; 53 O. G., 1092. Phillips v. City of Detroit, 111 U. S., 604. 
Royer v. Roth, 132 U. S., 201; 49 O. G., 1987. French v. Carter, 137 U. S., 239; 
53 O. G., 1572. Giles v. Heysinger, 150 U. S.. 627; 66 O. G., 171. Black Dia- 
mond Co. V. Excelsior Co., 156 U. S., 611; 70 O. G., 1797. Smith v. Macbeth, 67 
F. R., 137; 73 O. G., 619. Union Paper Bag Mach. Co. et al. v. Waterbury et al., 
70 F. R., 240; 74 O. G., 269. Merritt v. Middleton, 61 F. R., 680; 68 O. G., 913. 
Westinghouse v. Edison Co., 63 F. R., 588; 69 O. G., 1774. 

Mechanical method and its relation to article produced — Aggregation. — Two pat- 
ents to one inventor for one invention. Mosler v. Mosler, 127 U. S., 354; 43 O. G., 
1115. 

Mechanical processes criticised. — Risdon Iron & Locomotive Works v. Medart, 
158 U. S., 68; 71 O. G., 751. Glass Co. v. Henderson, 67 F. R., 930; 72 O. G., 
285. 

Must involve invention as well as novelty and utility. — Thompson v. Boisselier, 
114 U. S., 1; 31 O. G., 377. Gardner v. Herz, 118 U. S., 180; 35 O. G., 999. Hill 
V. Wooster, 132 U. S., 693; 50 O. G., 560. 

New and useful result. — Webster Loom Co. v. Higgins, 105 U. S., 580; 21 O. G., 
2031. 

Operativeness and usefulness, evidence of. — Dashiell v. Grosvenor, 162 U. S., 
425; 75 O. G., 507. 

Originalitv of invention, employer and emplove. — Thompson v. Hall, 130 U. S., 
117-122; 47 O. G., 656. Forgie v. Oil Well Co., 58 F. R., 871: 67 O. G., 1573. 

Particular arrangement. — Pope Mfg. Co. v. Gormully, 144 U. S., 238; 59 O. G., 
464. Topliff V. Topliff, 145 U. S., 156; 59 O. G., 1257. Dobson v. Cubley, 149 U. 
S., 117; 63 O. G., 1059. Corbin Lock Co. v. Eagle Lock Co., 150 U. S., 38; 65 
O. G.. 1066. Knapp v. Morss, 150 U. S., 221; 65 O. G., 1593. Howard v. De- 
troit Stove Works, 150 U. S., 164; 65 O. G., 1765. Magin v. Karle, 150 U. S., 387; 
65 O. G., 2060. 

Public use or .?aZe.— Consolidated F. Tar. Co. v. Wright, 94 U. S., 92. Eliza- 
beth v. Pavement Co., 97 U. S., 126. Parks v. Booth, 102 U. S., 96; 17 O. G., 1089. 
Egbert v. Lippman, 104 U. S., 333; 21 O. G., 75. Worley v. Loker Tobacco Co., 
104 U. S., 340; 21 O. G., 559. Hall v. Macneale, 107 U. S., 90; 23 O. G., 937. 
Manning v. Glue Co., 108 U. S., 462; 23 O. G.. 2413. Miller v. Force, 116 U. S., 
22; 33 O. G., 1497. Beedle v. Bennett, 122 U. S., 71; 39 O. G., 1326. Smith & 
Griggs Co. V. Sprague, 123 U. S., 249; 41 O. G., 1037. Andrews v. Hovey, 124 U. 
S., 694; 42 O. G., 1285. Andrews v. Hovey, 123 U. S., 267-276: 41 O. G., 1162. 
Brush V. Condit, 132 U. S., 39-50; 49 O. G., 1211. Barbed Wire Patent, 143 U. S., 
275; 58 O. G., 1555 Cm this country). Gandy v. Belt Co., 143 U. S., 587; 59 O. G., 
1106. Root V. Third Ave. R. R. Co., 146 U. S., 210; 61 O. G., 1947. Kirk v. 
United States, 163 U. S., 49, 911. Gates Iron Works v. Frazier. 153 U. S., 332; 
67 O. G., 1065. Smith & Davis Co. v. Mellon, 58 F. R., 705: 66 O. G.. 173. Game- 
well Co. V. Municipal Co., 61 F. R., 208; 68 O. G., 1391. National Harrow Co. v. 
Quick, 74 F. R., 236; 76 O. G., 1574. _ ^ 

Prior knowledge or use. — Forncrook v. Root, 127 U. S., 176; 43 O. G., 984. Col- 
lins Co. V. Goes. 130 U. S., 56; 47 O. G., 523. Peters v. Active Mfg. Co., 129 U. 
S., 530; 47 O. G., 948. 

Prior publication.— Eames v. Andrews, 122 U. S., 40; 39 O. G., 1319. 
Process denned.— Mowry v. Whitney, 14 Wall., 620; 1 O. G.. 492. Wood Paper 
Pat., 23 Wall., 566. Cochrane v. Deener, 94 U. S., 780; 11 O. G., 687. Down- 
town V. Yeager Milling Co., 108 U. S., 466; 25 O. G., 697. Fermentation Co. v. 
Maus, 122 U. S., 413-432. Lawther v. Hamilton, 124 U. S., 1-11; 42 O. G., 487. 
International Tooth Crown Co. v. Gaylord, 140 U. S., 55; 55 O. G., 865. Royer j;. 
Coupe, 146 U. S., 524; 62 O. G., 318. Wells Glass Co. v. Henderson, 67 F. R., 
930; 72 O. G., 285. Schwarzwalder v. N. Y. Filter Co., 66 F. R., 152; 72 O. G., 
1043. Tannage Co. v. Zahn, 70 F. R., 1003. Wall v. Leek, 66 F. R., 552; 74 O. G., 
377. Vt. Farm Mach. Co. v. Gibson, 56 F. R., 143; 64 O. G., 300. Heroult, 5 
App. D. C, 90; 70 O. G., 784. Am. Fibre Co. v. Buckskin Co., 72 F. R., 508; 75 
O. G., 833. 



United States of America 461 

Process and apparatus claims treated; priority and originality of invention; 
operative device. — Telephone Cases, 126 U. S., 1-584; 43 O. G., 377. 

Result not patentable.— Fuller v. Yentzer, 94 U. S., 288, 299; 11 O. G., 551, 597. 
Glue Co. v. Upton, 97 U. S., 3. Brush Elec. Co. v. Western Co., 76 F. R., 761; 
77 O. G., 1273. Browning v. Colorado Co., 61 F. R., 845; 68 O. G., 1145. 

J. wo patents to one inventor for one invention. — Miller v. Eagle Mfg. Co., 151 
U. S., 186; 66 O. G., 845. Underwood v. Gerber, 149 U. S., 224; 63 O. G., 1063. 
Russell v. Kern, 69 F. R., 94; 72 O. G., 590. Thomson-Houston Elec. Co. v. West. 
Elec. Co., 70 F. R., 69; 73 O. G., 1123. Westinghouse Co. v. N. Y. Co., 67 F. R., 
962; 69 O. G., 945. Fassett v. Ewart Co., 62 F. R., 404; 69 O G., 953. Elec. Ac- 
cumulator Co. V. Brush Co., 52 F. R., 130; 61 O. G., 886. (Consult also citations 
under Sec. 4919, p. 67.) 

The Secretary of the Interior and the Commissioner of Pat- 
ents are authorized to grant any officer of the Government, 
except officers and employes of the Patent Office, a patent for 
any invention of the classes mentioned in section forty-eight 
hundred and eighty-six of the Revised Statutes when such in- 
vention is used or to be used in the public service, without the 
payment of any fee: Provided, That the applicant in his ap- 
plication shall state that the invention described therein, if 
patented, may be used by the Government, or any of its officers 
or employes in prosecution of work for the Government, or by 
any other person in the United States, without the payment to 
him of any royalty thereon, which stipulation shall be in- 
cluded in the patent. 

Title LX, Rev. Stat., 1878, p. 945 : 

Sec. 4887. No person otherwise entitled thereto shall be 
debarred from receiving a patent for his invention or dis- 
covery, nor shall any patent be declared invalid by reason 
of its having been first patented or caused to be patented by 
the inventor or his legal representatives or assigns in a foreign 
country, unless the application for said foreign patent was 
filed more than twelve months, in cases within the provisions of 
section forty-eight hundred and eighty-six of the Revised Stat- 
utes, and four months in cases of designs, prior to the filing 
of the application in this country, in which case no patent 
shall be granted in this country. 

An application for patent for an invention or discovery or 
for a design filed in this country by any person who has pre- 
viously regularly filed an application for a patent for the same 
invention, discovery, or design in a foreign country which, 
by treaty, convention, or law, affords similar privileges to 
citizens of the United States shall have the same force and 
effect as the same application would have if filed in this country 
on the date on which the application for patent for the same 



462 United States of Amekica 

invention, discovery, or design was first filed in sncli foreign 
country, provided the application in this country is filed with- 
in twelve months in cases within the provisions of section forty- 
eight hundred and eighty-six of the Revised Statutes, and 
within four months in cases of designs, from the earliest date 
on which any such foreign application was filed. But no pat- 
ent shall be granted on an application for patent for an in- 
vention or discovery or a design which had been patented or 
described in a printed publication in this or any foreign coun- 
try more than two years before the date of the actual filing of 
the application in this country, or which had been in public 
use or on sale in this country for more than two years prior 
to such filing. 

Identity of the inventions considered. — Siemens v. Sellers, 123 U. S., 276; 41 
O. G., 1165. Commercial Co. v. Fairbank Co., 1-35 U. S., 176; 51 O. G., 965. Elec. 
Accu. Co. V. Brush Co., 52 F. R., 130; 61 O. G., 886. 

Eifect of prior foreign patent. — Telephone Cases, 126 U. S., 1-584; 43 O. G., 377. 

Term of foreign patent. — Bate Refrigerating Co. v. Hammond, 129 U. S., 151; 
46 O. G., 688. Pohl v. Anchor Brewing Co., 134 U. S., 381-387; 51 O. G., 156. 

A. U. S. patent granted for an invention previously patented abroad, hut which 
foreign patent has expired, is ■mithout validity. — Htiber v. Nelson, 148 U. S., 270; 
63 O. G., 311. 

Term of foreign patent — Limitation on face of U. S. patent unnecessary — Cer- 
tiUcdte of correction.— Edison Elec. Co. v. U. S. Co., 52 F. R., 300; 61 O. G., 564. 

The meaning of "previously patented" considered. — Bate Refrig. Co. v. Sulz- 
berger, 157 U. S., 1; 70 O. G., 1633. 

Sec. 4888. Before any inventor or discoverer shall receive 
a patent for his invention or discovery, he shall make applica- 
tion therefor, in writing, to the Commissioner of Patents, and 
shall file in the Patent Office a written description of the same, 
and of the manner and process of making, constructing, com- 
pounding, and using it, in such full, clear, concise, and exact 
terms as to enable any person skilled in the art or science to 
which it appertains, or w^ith which it is most nearly connected, 
to make, construct, compound, and use the same; and in case 
of a machine, he shall explain the principle thereof, and the 
best mode in which he has contemplated applying that prin- 
ciple, so as to distinguish it from other inventions ; and he shall 
particularly point out and distinctly claim the part, improve- 
ment, or combination which he claims as his invention or dis- 
covery. The specification and claim shall be signed by the in- 
ventor and attested by two witnesses. 

Application must be made by the inventor. — Kennedy v. Hazelton, 128 U. S., 667; 

Claim' limited by description. — Mitchell v. Tilghman, 19 Wall., 287; 5 O. G.. 299. 
Hailes v. Van Womer, 29 Wall., 353; 5 O. G., 89. Fuller v. Yentzer, 94 U. S., 
288 299; 11 O. G., 551, 597. Merrill v. Yeomans, 94 U. S.. 568; 11 O. G., 970. 
R R Co 7/ Mellon, 104 U. S., 112; 20 O. G., 1891. Yale Lock Co. v. Greenletf, 
117 U S' 554; 35 O. G., 386. White v. Dunbar, 119 U. S., 47; 37 O. G., 1002. 



United States of America 463 

Snow V. Lake Shore Co., 121 U. S., 617; 39 O. G., 1081. Haines v. McLaughlin, 
135 U. S., 584; 51 O. G., 1465. Howe Machine Co. v. National Co., 134 U. S., 
388; 51 O. G., 475. McClain v. Ortmayer, 141 U. S., 419; 57 O. G., 1129. Knapp 
V. Morss, 150 U. S., 221; 65 O. G., 1593. Am. Fibre Co., v. Port Huron Co., 72 
F. R., 516; 75 O. G., 836. Gould Co. z'. Troian Co., 74 F. R., 794; 75 O. G., 2009. 
Groth v. International Co., 61 F. R., 284; 68 O. G., 413. 

Composition of matter; how identified in claim. — Cochrane v. Badische, 111 U. 
S., 293; 27 O. G.. 813. 

Claims defined and construed. — Estey v. Burdett, 109 U. S., 633-640; 26 O. G., 
637. Bussey v. Excelsior Co., 110 U. S., 131; 26 O. G., 733. Railway Co. v. Car 
Brake Co., 110 U. S., 229; 26 O. G., 915. Consolidated Valve Co. v. Kunkle, 119 
U. S., 45; 37 O. G., 1003. Dryfoos v. Wiese, 124 U. S., 32; 42 O. G., 490. Bragg 
V. Fitch, 121 U. S., 478; 39 O. G., 829. Plummer v. Sargent, 120 U. S., 442. 
Joyce V. Chillicothe, 127 U. S., 557; 44 O. G., 107. Sargent v. Burgess, 129 U. S., 
19; 46 O. G., 693. Crescent Brewing Co. v. Gottfried, 128 U. S., 158; 45 O. G., 
944. Boyden Power Brake Co. v. Westinghouse Air Brake Co., 70 F. R., 816; 73 
O. G., 1857. McCormick Harvesting Bach. Co. v. Aultman & Co., 73 O. G., 1999. 
National Cash Reg. Co. v. Am. Cash Reg. Co., 53 F. R., 367; 62 O. G., 449. Sayre 
V. Scott, 55 F. R., 971; 63 O. G., 1818. Judd & Co. v. Fowler, 61 F. R., 821; 68 
O. G., 914. Le Favour v. Rice, 62 F. R., 393; 69 O. G., 371. Kilbourne v. Bing- 
ham Co., 50 F. R., 697; 60 O. G., 577. Norton v. Tensen, 49 F. R., 859; 60 O. G., 
1326. Illinois Co. v. Robbins et al., 52 F. R., 215; 61 O. G., 721. 

Claims to pioneer invention construed. — Morley Co. v. La.icaster, 129 U. S., 
263; 47 O. G., 267. Tuttle v. Claflin, 76 F. R., 227; 77 O. G., 973. Dederick v. 
Siegmund, 51 F. R., 233; 60 O. G., 1193. 

Claims construed by prior art. — Washing Mach. Co. v. Tool Co., 20 Wall., 342. 
Zane v. Saffe, 110 U. S., 200; 26 O. G., 737. Thompson v. Boisselier, 114 U. S., 1; 
31 O. G., 377. Grier v. Wilt, 120 U. S., 412; 38 O. G., 1365. Wollensack v. Rei- 
ber, 115 U. S., 87; 31 O. G., 1303. Deering v. Winona Works, 155 U. S., 286; 69 
O. G., 1641. Schuyler Elec. Co. v. Elec. Eng. & Supply Co., 66 F. R., 313; 73 O. 
G., 1419. Fox V. Perkins, 52 F. R., 205; 62 O. G., 160. West. Elec. Co. v. Sperrv 
Elec. Co., 58 F. R., 186; 65 O. G., 597. Blount Mfg. Co. v. Bardsley, 75 F R., 
674; 75 O. G., 2007. 

Definiteness of specification. — Mowry v. Whitney, 14 Wall., 620; 1 O. G., 492. 
Sewall V. Tones. 91 U. S., 171; 9 O. G., 47. Fames v. Andrews, 122 U. S., 40; 39 
O. G., 1319. Telephone Cases, 126 U. S., 1; 43 O. G., 377. Bene v. Jeantet, 129 
U. S., 683; 47 O. G., 402. Western Elec. Co. v. Ansonia Co., 114 U. S., 447; 31 
O. G., 1305. Lawther v. Hamilton, 124 U. S., 1; 42 O. G., 487; Lalance & Gros- 
jean Mfg. Co. v. Habermann Mfg. Co., 53 F. R., 375; 63 O. G., 1816. Dixon Woods 
Co. V. Pfeifer, 55 F. R., 390; 64 O. G., 156. Long v. Pope Mfg. Co., 75 F. R., 
835; 77 O. G., 1428. Edison Elec. Co. v. U. S. Co., 52 F. R., 300; 61 O. G., 564. 

Deceptive patent void. — Carlton v. Bokee, 17 Wall., 463; 2 O. G., 520. 

Effect of -words "substantially as described" considered. — Brown v. Davis, 116 
U. S., 237; 34 O. G., 435. Columbus Watch Co. v. Robbins, 64 F. R., 384; 70 O. G., 
132. Westinghouse v. Edison Co., 63 F. R., 588; 69 O. G., 1774. Campbell v. 
Richardson, 76 F. R., 576; 78 O. G., 1103. 

Effect of words "for the purpose set forth" considered. — Day v. Fair Haven R. 
R., 132 U. S., 98; 49 O. G., 1364. 

Elements not imported into a claim by construction to make out a case of novelty 
or infringement. — Wollensack v. Sargent, 151 U. S., 221 66 O. G., 1007. McCarty 
V. Lehigh Co., 160 U. S., 110; 73 O. G., 1707. 

Element positively included in the claim is made essential. — Fay v. Cordesman, 
109 U. S., 408; 25 O. G., 1277. Yale Lock Co. v. Sargent, 117 U. S., 373; 35 O. G., 
385. Watson v. Cincinnati R. R. Co., 132 U. S., 161; 49 O. G., 1843. Wright v. 
Yuengling, 155 U. S., 47; 69 O. G., 639. Coupe v. Royer, 155 U. S., 565; 70 O. 
G., 779. 

Indefinite claim, patent invalid. — Electric Light Co. v. McKeesport Co., 159 U. 
S., 465; 73 O. G., 1289. 

Interpretation of specification and drawing. — Caverly v. Deere, 66 F. R., 305; 
73 O. G^ 1711. 

Limitations in patent resulting from answer to requirement of Office. — Sargent v. 
Hall Co., 114 U. S., 63; 31 O. G., 661. Sutter v. Robinson, 119 U. S., 530; 38 O. 
G., 230. Shepard v. Carrigan, 116 U. S., 593; 34 O. G., 1157. McCormick v. 
Graham, 129 U. S., 1; 46 O. G., 443. Phoenix Caster Co. v. Spiegel, 133 U. S., 
360; 50 O. G., 1591. Roemer v. Peddie, 132 U. S., 313; 49 O. G., 2151. Morgan 
Envelope Co. v. Albany Co., 152 U. S., 425; 67 O. G., 271. Lehigh Valley Co. v. 
Kearney, 158 U. S., 461; 72 O. G., 139. American Co. v. Pennock Co., 17 S. C. 
Reporter, 1; 77 O. G., 633. Reece Co. v. Globe Co., 61 F. R., 958; 67 O. G., 1720. 

Must he claimed as well as shown. — Roemer v. Bernheim, 132 U. S., 103; 49 O. 
G., 1535. 

New matter introduced by amendment condemned. — Eagleton Mfg. Co. v. Mfg. 
Co., Ill U. S., 490; 27 O. G., 1237. Chicago & N. W. Railway Co. v. 

Sayles, 97 U. S., 554; 15 O. G., 243. Michigan Central R. R. Co. v. Consolidated 
Car Heating Co., 67 F. R., 121; 71 O. G., 1028. Long v. Pope Mfg. Co., 75 F. R., 
835; 77 O. G., 1428. 

Useful application test of a patent's validity. — Klein v. Russell, 19 Wall., 433. 

Sec 4889. When the nature of the case admits of drawings, 



464 United States of America 

the applicant shall furnish one copy signed by the inventor or 
his attorney in fact, and attested by two witnesses, which shall 
be filed in the Patent Office; and a copy of the drawing, to 
be furnished by the Patent Office, shall be attached to the pat- 
ent as a part of the specification. 

Sec. 4890. When the invention or discovery is of a com- 
position of matter, the applicant, if required by the Commis- 
sioner, shall furnish specimens of ingredients and of the com- 
position, sufficient in quantity for the purpose of experiment. 

Sec. 4891. In all cases which admit of representation by 
model, the applicant, if required, by the Commissioner, shall 
furnish a model of convenient size to exhibit advantageously 
the several parts of his invention or discovery. 

Sec. 4892. The applicant shall make oath that he does 
verily believe himself to be the original and first inventor or 
discoverer of the art, machine, manufacture, composition or 
improvement for which he solicits a patent; that he does not 
know and does not believe that the same was ever before known 
or used; and shall state of what country he is a citizen. Such 
oath may be made before any person within the United States 
authorized by law to administer oaths, or, when the applicant 
resides in a foreign country, before any minister, charge 
d'affaires, consul, or commercial agent holding commission 
under the Government of the United States, or before any 
notary public, judge, or magistrate having an official seal and 
authorized to administer oaths in the foreign country in which 
the applicant may be, whose authority shall be proved by cer- 
tificate of a diplomatic or consular officer of the United States. 

Not necessary to recite that oath has been taken. — Seymour v. Osborne, 11 Wall., 
516. 

Oath must be made by the inventor. — Kennedy v. Hazelton, 128 U. S., 667-673; 
46 O. G., 973. 

Sec. 4893. On the filing of any such application and the 
payment of the fees required by law, the Commissioner of Pat- 
ents shall cause an examination to be made of the alleged new 
invention or discovery; and if on such examination it shall 
appear that the claimant is justly entitled to a patent under 
the law, and that the same is sufficiently useful and important, 
the Commissioner shall issue a patent therefor. 

Mandamus to compel Commissioner to sign patent, if his judgment and discre- 
tion are to issue it — Supervision of Secretary of Interior not applicable to this mat- 
ter.— Butterworth V. Hoe, 112 U. S., 50-60; 29 O. G., 615. 



UiTiTED States of America 465 

Sec. 4894. All applications for patents shall be completed 
and prepared for examination within one year after the filing 
of the application, and in default thereof, or upon failure of 
the applicant to prosecute the same within one year after any 
action therein, of which notice shall have been given to the 
applicant, they shall be regarded as abandoned by the parties 
thereto, unless it be shown to the satisfaction of the Commis- 
sioner of Patents that such delay was unavoidable. 

StaUites in regard to delay apply to bill in equity under Sec. 4915. — Gandy v. 
Marble, 122 U. S., 432-440; 39 O. G., 1423. 

Decision of Office final. — West. Elec. Co. v. Sperry Electric Co., 58 F. R., 186; 
65 O. G., 597. 

Sec. 4895. Patents may be granted and issued or re-issued 
to the assignee of the inventor or discoverer; but the assign- 
ment must first be entered of record in the Patent Office. And 
in all cases of an application by an assignee for the issue of a 
patent, the application shall be made and the specification 
sworn to by the inventor or discoverer; and in all cases of an 
application for a re-issue of any patent, the application must 
be made and the corrected specification signed by the inventor 
or discoverer, if he is living, unless the patent was issued and 
the assignment made before the eighth day of July, eighteen 
hundred and seventy. 

Assignee of patent before issue. — Hendrie v. Sayles, 98 U. S., 546. 

Sec. 4896. AVhen any person, having made any new in- 
vention or discovery for which a patent might have been 
granted, dies before a patent is granted, the right of applying 
for and obtaining the patent shall devolve on his executor or 
administrator, in trust for the heirs at law of the deceased, in 
case he shall have died intestate; or if he shall have left a 
will disposing of the same, then in trust for his devisees, in as 
full manner and on the same terms and conditions as the same 
might have been claimed or enjoyed by him in his lifetime; and 
w^hen the application is made by such legal representatives, the 
oath or affirmation required to be made shall be so varied in 
form that it can be made by them. The executor or adminis- 
trator duly authorized under the law of any foreign country 
to administer upon the estate of the deceased inventor shall, 
in case the said inventor was not domiciled in the United States 
at the time of his death, have the right to apply for and ob- 
tain the patent. The authority of such foreign executor or 



466 United States of America 

administrator shall be proved by certificate of a diplomatic or 
consular officer of the United States. 

Authority of attorney after death of inventor. — Eagleton Mfg. Co. v. Mfg. Co., 
Ill U. S., 490; 27 O. G., 1237. 

Patent to deceased inventor goes to his heirs. — De la Vergne Ref'g Co. v. 
Featherstone^ 147 U. S., 209; 62 O. G., 741. 

Sec 4897. Any person who has an interest in an invention 
or discovery, whether as inventor, discoverer, or assignee, for 
which a patent was ordered to issne upon the payment of the 
final fee, but who fails to make payment thereof within six 
months from the time at which it was passed and allowed, and 
notice thereof was sent to the applicant or his agent, shall 
have a right to make an application for a patent for such in- 
vention or discovery the same as in the case of an original ap- 
plication. But such second application must be made within 
two years after the allowance of the original application. But 
no person shall be held responsible in damages for the manu- 
facture or use of any article or thing for which a patent Avas 
ordered to issue under such renewed application prior to the 
issue of the patent. And upon the hearing of renewed applica- 
tions preferred under this section, abandonment shall be con- 
sidered as a question of fact. 

Sec 4898. Every patent or any interest therein shall be 
assignable in law by an instrument in writing, and the pat- 
entee or his assigns or legal representatives may in like man- 
ner grant and convey an exclusive right under his patent to 
the whole or any specified part of the United States. An as- 
signment, grant, or conveyance shall be void as against any 
subsequent purchaser or mortgagee for a valuable considera- 
tion, without notice, unless it is recorded in the Patent Office 
within three months from the date thereof. 

If any such assignment, grant, or conveyance of any patent 
shall be acknowledged before any notary public of the several 
States or Territories or the District of Columbia, or any com- 
missioner of the United States circuit court, or before any 
secretary of legation or consular officer authorized to adminis- 
ter oaths or perform notarial acts under section seventeen hun- 
dred and fifty of the Revised Statutes, the certificate of such 
acknowledgment, under the hand and official seal of such 
notary or other officer, shall be prima facie evidence of the 
execution of such assignment, grant, or conveyance. 



United States of Amehica 467 

Assignment and license defined. — Nicholson Pavement Co. v. Jenkins, 14 Wall., 
452; 1 O. G., 466. Adams v. Burks, 17 Wall., 453; 33 O. G., 113. Littlefield v. 
Perry, 21 Wall., 205; 7 O. G., 964. Burdell v. Denig, 92 U. S., 716. Hayward v. 
Andrews, 106 U. S., 672; 23 O. G., 533. Oliver Co. v. Chem. Works, 109 U. S., 75; 
25 O. G., 784. Laver v. Dennitt, 109 U. S., 90; 25 O. G., 882. Solomons v. U. S., 
137 U. S., 342; 54 O. G., 265. Waterman v. Mackenzie, 138 U. S., 252; 54 O. G., 
1562. St. Paul Plow Works v. Starling, 140 U. S., 184; 55 O. G., 1821. Dalzell 
V. Watch Co., 149 U. S., 315; 63 O. G., 1381. Lane & Bodley Co. v. Locke, 150 
U. S., 193; 65 O. G., 1406. Heaton Co. v. Eureka Co., 78 O G., 171. Ander- 
son V. Eiler, 50 F. R., 775; 60 O. G., 740. 

Construction of contract. — National Co. v. Willcox & Gibbs Co., 74 F. R., 557; 

76 O. G., 961. 

Verbal license is void as against subsequent assignee without notice. — Gates 
Iron Works v. Frazier, 153 U. S., 332; 67 O. G., 1065. 

An agreement not to dispute the validity of a patent not directly involved 

in the agreement is against public policy. — Pope Mfg. Co. v. GormuUy, 144 U. S., 
224 et seq.; 59 O. G., 464, et seq. 

Authority of attorney to execute assignment. — Chauche v. Pare, 75 F. -R., 283; 

77 O. G., 1123. 

Assignment for extension. — P., W. & B. R. R. Co. v. Trimble, 10 Wall, 367. 
Nicholson Pavement Co. v. Jenkins, 14 Wall., 452; 1 O. G., 466. 

Conditional assignment. — Aitkins & Co. v. Parke, 61 F. R., 953; 68 O. G., 1519. 

Future invention, contract to assign. — Regan Vapor Engine Co. v. Pacific Co., 
49 F. R., 68; 58 O. G., 1695. 

Implied license, employer and employe. — Hapgood v. Hewitt, 119 U. S., 226-234; 
37 O. G., 1247. 

Specific performance of contract to assign invalid patent. — Kennedy v. Hazel- 
toft, 128 U. S., 667-673; 46 O. G., 973. 

Assignment construed. — Rude v. Westcott, 130 U. S., 152. 

Effect of subsequent contract on absolute assignment. — Boesch v. Graff, 133 
U. S., 697; 51 O. G., 477. 

Licensee's liability. — U. S. v. Burns, 12 Wall, 246. Paper Bag Mach. Cases, 
105 U. S., 766; 21 O. G., 1275. 

License, escrow. — Mellon v. R. R. Co., 21 O. G., 1616. 

Mortgage, notice. — Waterman v. Shipman, 55 F. R., 982; 64 O. G., 713. 

One inventor as trustee for another. — Ambler v. Whipple, 20 Wall., 546. 

Patented machine is purchaser's property. — Mitchell v. Hawley, 16 Wall., 
544. Paper Bag Mach. Cases, 105 U. S., 766; 21 O. G., 1275, 

Purchase of article may give license to use process. — Vt. Farm Mach. Co. 
V. Gibson, 56 F. R., 143; 64 O. G., 300. 

Right to purchase patented article. — Hobbie v. Jennison, 149 U. S., 355; 63 
O. G., 1204. 

Recording assignments, effect of; what instruments recorded — Standard Co. 
V. Crane Co., 77 O. G., 811. 

5^a/.— Gottfried v. Miller, 104 U. S., 521: 21 O. G., 711. 

Separate claims of a patent are not assignable. — Pope Mfg. Co. v. Gormully, 
144 U. S., 248; 59 O. G., 471. 

Successors of assignees. — Hammond v. Mason Organ Co., 92 U. S., 724. 

Sec. 4899. Every person who purchases of the inventor or 
discoverer, or, with his knowledge and consent, constructs any 
newly invented or discovered machine, or other patentable ar- 
ticle, prior to the application by the inventor or discoverer for 
a patent, or who sells or uses one so constructed, shall have the 
right to use, and vend to others to be used, the specific thing 
so made or purchased, without liability therefor. 

Previously purchased machine can he no infringement during extension. — Paper 
Bag Mach. Cases, 105 U. S., 766; 21 O. G., 1275. 

What persons have the right to use. — Wade v. Metcalf, 129 U. S., 202. 
Dable Shovel Co. v. Flint, 137 U. S., 41; 53 O. G., 1093. 

Sec. 4900. It shall be the duty of all patentees, and their 
assigns and legal representatives, and of all persons making or 
vending any patented article for or under them, to give suffi- 
cient notice to the public that the same is patented; either by 
fixing thereon the word ''patented," together with the day and 
year the patent was granted; or when, from the character of 



468 United States oe America 

the article, this can not be done, by fixing to it, or to the pack- 
age wherein one or more of them is inclosed, a label containing 
the like notice; and in any suit for infringement, by the party 
failing so to mark, no damages shall be recovered by the plaint- 
iff, except on proof that the defendant was duly notified of the 
infringement, and continued, after such notice, to make, use, 
or vend the article so patented. 

Sufficiency of notice. — Session v. Romadka, 145 U. S., 29; 59 O. G., 939. 
Dunlap V. Schofield, 152 U. S., 244; 67 O. G., 139. Beach v. Inman Co., 71 
F. R., 420; 74 O. G., 379. 

Sec. 4901. Every person who, in any manner, marks upon 
anything made, used, or sold by him for which he has not 
obtained a patent, the name or any imitation of the name of 
any person who has obtained a patent therefor, without the 
consent of such patentee, or his assigns or legal representatives ; 
or 

Who, in any manner, marks upon or affixes to any such pat- 
ented article the word "patent" or "patentee," or the words 
"letters patent," or any word of like import, with intent to 
imitate or counterfeit the mark or device of the patentee, with- 
out having the license or consent of such patentee or his as- 
signs or legal representatives; or 

Who, in any manner, marks upon or affixes to any unpatented 
article the word "patent" or any w^ord importing that the 
same is patented for the purpose of deceiving the public, shall 
be liable, for every such offense, to a penalty of not less than 
one hundred dollars, with costs; one-half of said penalty to 
the person who shall sue for the same, and the other to the 
use of the United States, to be recovered by suit in any district 
court of the United States within whose jurisdiction such of- 
fense may have been committed. 

Sec. 4902. Any person who makes any new invention or 
discovery and desires further time to mature the same may, 
on payment of the fees required by law, file in the Patent 
Office a caveat setting forth the design thereof and of its dis- 
tinguishing characteristics and praying protection of his right 
until he shall have matured his invention. Such caveat shall 
be filed in the confidential archives of the office and preserved 
in secrecy, and shall be operative for the term of one year 
from the filing thereof; and if application is made within the 
year by any other person for a patent with which such caveat 



United States of America 469 

would in any manner interfere the Commissioner shall deposit 
the description, specification, drawings, and model of such 
application in like manner in the confidential archives of the 
office and give notice thereof by mail to the person by whom 
the caveat was filed. If such person desires to avail himself of 
his caveat he shall file his description, specifications, drawings, 
and model within three months from the time of placing the 
notice in the post-office in "Washington, with the usual time 
required for transmitting it to the caveator added thereto, 
which time shall be indorsed on the notice. 

Sec. 4903. Whenever, on examination, any claim for a pat- 
ent is rejected, the Commissioner shall notify the applicant 
thereof, giving him briefly the reasons for such rejection, to- 
gether with such information and references as may be useful 
in judging of the propriety of renewing his application or of 
altering his specification; and if, after receiving such notice, 
the applicant persists in his claim for a patent, with or with- 
out altering his specifications, the Commissioner shall order a 
re-examination of the case. 

Amendment may be made by attorney after inventor's death. — De la Vergne 
Ref'g Co. V. Featherstone, 147 U. S., 209; 62 O. G., 741. 

Sec. 4904. Whenever an application is made for a patent 
which, in the opinion of the Commissioner, would interfere 
with any pending application, or with any unexpired patent, 
he shall give notice thereof to the applicants, or applicant and 
patentee, as the case may be, and shall direct the primary ex- 
aminer to proceed to determine the question of priority of in- 
vention. And the Commissioner may issue a patent to the 
party who is adjudged the prior inventor, unless the adverse 
party appeals from the decision of the primary examiner, or 
of the board of examiners-in-chief, as the case may be, within 
such time, not less than twenty days, as the Commissioner shall 
prescribe. 

Diligence discussed. — Christie v. Seybold, 55 F. R., 69: 64 O. G., 1650. Yates 
V. Hudson, 74 O. G., 1732. 

Patentee and applicant. — Burr v. Ford, 5 Tucker, 26; 70 O. G., 275. Porter 
V. Louden, 73 O. G., 1551. 

Conception and reduction to i>ractice. — Colhoun v. Hodgson, 5 App., D. C, 
21; 70 O. G., 276. Soley v. Hebbard, 5 Tucker, 99; 70 O. G., 921. 

Constructive reduction to practice. — Porter v. Louden, 73 O. G., 1551. Croskey 
V. Atterbury, 76 O. G., 163. 

Inoperative invention, priority. — Glidden v. Noble, 5 App. D. C, 480; 71 O. G., 
141. Hisey v. Peters, 6 App. D. C, 68; 71 O. G., 892. Northal v. Bernardin, 
74 O. G., 655. Carty v. Kellogg, 74 O. G., 657; Drawbaugh v. Seymour, 77 
O. G., 1313. 

Abandonment. — La Flare v. Chase, 74 O. G., 1735. 

Priority. — Shellaberger v. Sommer, 74 O. G.,- 1897. 



470 United States of America 

Foreign patent — Preliminary 'Statement amended. — Parker v. Appert, 75 O. G., 
1201. 

Partnership. — Milton v. Kingsley, 75 O. G., 2193. 

Presumption as to inventorship. — Hill v. Parmelee, 78 O. G., 170. 

Sec. 4905. The Commissioner of Patents may establish 
rules for taking affidavits and depositions required in cases 
pending in the Patent Office, and such affidavits and depositions 
may be taken before any officer authorized by law to take de- 
positions to be used in the courts of the United States or of 
the State where the officer resides. 

Sec. 4906. The clerk of any court of the United States, for 
any district or Territory wherein testimony is to be taken for 
use in any contested case pending in the Patent Office, shall, 
upon the application of any party thereto, or of his agent or 
attorney, issue a subpoena for any witness residing or being 
within such district or Territory, commanding him to appear 
and testify before any officer in such district or Territory au- 
thorized to take depositions and affidavits, at any time and 
place in the subpoena stated. But no witness shall be required 
to attend at any place more than forty miles from the place 
where the subpoena is served upon him. 

Sec. 4907. Every witness duly subpoenaed and in attend- 
ance shall be allowed the same fees as are allowed to witnesses 
attending the courts of the United States. 

Sec. 4908. Whenever any witness, after being duly served 
with such subpoena, neglects or refuses to appear, or after ap- 
pearing refuses to testify, the judge of the court whose clerk 
issued the subpoena may, on proof of such neglect or refusal, 
enforce obedience to the process, or punish the disobedience, 
as in other like cases. But no witness shall be deemed guilty 
of contempt for disobeying such subpoena, unless his fees and 
traveling expenses in going to, returning from, and one day's 
attendance at the place of examination, are paid or tendered 
him at the time of the service of the subpoena; nor for refus- 
ing to disclose any secret invention or discovery made or owned 
by himself. 

Sec. 4909. Every applicant for a patent or for the re- 
issue of a patent, any of the claims of which have been twice 
rejected, and every party to an interference, may appeal from 
the decision of the primary examiner, or of the examiner in 



United States of America 471 

charge of interferences in such case, to the board of exam- 
iners-in-chief ; having once paid the fee for such appeal. 

Sec. 4910. If such party is dissatisfied with the decision of 
the examiners-in-chief, he may, on payment of the fee pre- 
scribed, appeal to the Commissioner in person. 

Sec. 4911. If such party, except a party to an interference, 
is dissatisfied with the decision of the Commissioner, he may 
appeal to the Supreme Court of the District of Columbia, sit- 
ting in banc. [See sec. 9, act of February 9, 1893.] 

Appeal under this section discussed. — Butterworth v. Hoe, 112 U. S., 50 — 60; 
29 O. G., 615. 

Sec. 4912. 'When an appeal is taken to the Supreme Court 
of the District of Columbia, the appellant shall give notice 
thereof to the Commissioner, and file in the Patent Office with- 
in such time as the Commissioner shall appoint, his reasons of 
appeal, specifically set forth in writing. 

Sec. 4913. The court shall, before hearing such appeal, 
give notice to the Commissioner of the time and place of the 
hearing, and on receiving such notice the Commissioner shall 
give notice of such time and place in such manner as the 
court may prescribe, to all parties who appear to be interested 
therein. The party appealing shall lay before the court cer- 
tified copies of all the original papers and evidence in the case, 
and the Commissioner shall furnish the court with the grounds 
of his decision, fully set forth in writing, touching all the 
points involved by the reasons of appeal. And at the request 
of any party interested, or of the court, the Commissioner and 
the examiners may be examined under oath, in explanation 
of the principles of the thing for which a patent is demanded. 

Sec. 4914. The court, on petition, shall hear and deter- 
mine such appeal, and revise the decision appealed from in a 
summary way, on the evidence produced before the Commis- 
sioner, at such early and convenient time as the court may ap- 
point; and the revision shall be confined to the points set forth 
in the reasons of appeal. After hearing the case the court shall 
return to the Commissioner a certificate of its proceedings and 
decision, which shall be entered of record in the Patent Office, 
and shall govern the further proceedings in the case. But no 
opinion or decision of the court in any such case shall preclude 
any person interested from the right to contest the validity of 



472 United States of America 

such patent in any court wherein the same may be called in 
question. 

. Review confined to points raised. — Forg, 2 App. D. C, 58; 66 O. G., 515. 

Sec. 4915. Whenever a patent on application is refused, 
either by the Commissioner of Patents or by the Supreme Court 
of the District of Columbia upon appeal from the Commis- 
sioner, the applicant may have remedy by bill in equity; and 
the court having cognizance thereof, on notice to adverse par- 
ties and other due proceedings had, may adjudge that such ap- 
plicant is entitled, according to law, to receive a patent for his 
invention, as specified in his claim, or for any part thereof, as 
the facts in the case may appear. And such adjudication, if 
it be in favor of the right of the applicant, shall authorize the 
Commissioner to issue such patent on the applicant filing in 
the Patent Office a copy of the adjudication, and otherwise 
complying with the requirements of law. In all cases, where 
there is no opposing party, a copy of the bill shall be served 
on the Commissioner; and all the expenses of the proceeding 
shall be paid by the applicant, whether the final decision is in 
his favor or not. [See § 629, ^ 9.] 

In what district the hill should he hrought considered. — Butterworth v. Hill, 
114 U. S., 128—133; 31 O. G., 1043. 

On what questions hill in equity is appropriate. — Butterworth v. Hoe, 112 
U. S., 50—60; 29 O. G., 615. 

Bill in equity is governed hy the rules of delay specified in Sec. 4894. — Gandy 
V. Marble, 122 U. S., 432-440; 39 O, G., 1423. 

Invention must he patentable to get favorable decision. — Hill v. Wooster, 132 
U. S., 693; 50 O. G., 560. 

May raise new questions. — Christie v. Seybold, 55 F. R., 69; 64 O. G., 1650. 

Canceled claims, burden of proof of invention. — Durham, 6 App. D. C, 78; 
71 O. G., 601. 

E. S. U. S., Sup., Vol. 2, c. 74, Feb. 9, 1893. Be it enacted^ 
etc., That there shall be, and there is hereby, established in the 
District of Columbia a court, to be known as the court of ap- 
peals of the District of Columbia. 

Sec. 6. That the said court of appeals shall establish a 
term of the court during each and every month in each year 
excepting the months of July and August. 

Sec. 8. That any final judgment or decree of the said 
court of appeals may be re-examined and affirmed, reversed, or 
modified by the Supreme Court of the United States, upon writ 
of error or appeal, in all causes in which the matter in dis- 
pute, exclusive of costs, shall exceed the sum of five thousand 
dollars, in the same manner and under the same regulations as 
heretofore provided for in cases of writs of error on judgment 



United States of America 473 

or appeals from decrees rendered in the supreme court of the 
District of Columbia; 

And also in cases, without regard to the sum or value of 
the matter in dispute, wherein is involved the validity of any 
patent or copyright, or in which is drawn in question the 
validity of a treaty or statute of or an authority exercised under 
the United States. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
in any case heretofore made final in the court of appeals of 
the District of Columbia it shall be competent for the Supremjj 
Court to require, by certiorari or otherwise, any such case to 
be certified to the Supreme Court for its review and determi- 
nation, with the same power and authority in the case as if it 
had been carried by appeal or writ of error to the Supreme 
Court. 

Sec. 9. That the determination of appeals from the de- 
cision of the Commissioner of Patents, now vested in the gen- 
eral term of the supreme court of the District of Columbia, 
in pursuance of the provisions of section seven hundred and 
eighty of the Revised Statutes of the United States, relating 
to the District of Columbia, shall hereafter be and the same is 
hereby vested in the court of appeals created by this act; 

And in addition any party aggrieved by a decision of the 
Commissioner of Patents in any interference case may appeal 
therefrom to said court of appeals. 

Section g does not permit appeals in trade-mark interferences. — Einstein v. Saw- 
hill, 2 App. D. C, 10; 65 O. G. 1918. 

Right of appeal in ex parte and priority cases distinct. — Hisey v. Peters, 6 
App. p. C, 68; 71 O. G., 892. 

United States Supreme Court will not take jurisdiction. — Durham, 74 O. G., 
1731. 

Jurisdiction. — Milton v. Kingsley, 75 O. G., 2193. 

Compliance with requirements. — Drawbaugh, 77 O. G., 313. 

Rules of court must be followed. — Bryant, 77 O. G., 1599. Hien v. Pungs, 
77 O. G., 1600. Pelton v. Evered, 77 O. G., 1600. Ross v. Loewer, 77 O. G., 
2141. 

Motion for rehearing will not stay time for appeal. — Ross v. Loewer, 77 O. 
G., 2141. 

Motion for rehearing condemned. — Hien v. Pungs, 78 O. G., 484. 

Costs.— WeWs V. Reynolds, 5 App. D. C., 20; 69 O. G., 1507. Roseburgh v. 
Holman, 78 O. G., 1258. 

Title LX, Rev. Stat., 1878, p. 950 : 

Sec. 4916. Whenever any patent is inoperative or invalid, 
by reason of a defective or insufficient specification, or by rea- 
son of the patentee claiming as his own invention or discovery 
more than he had a right to claim as new, if the error has 



474 United States of America 

arisen b}^ inadvertence, accident, or mistake, and without any 
fraudulent or deceptive intention, the Commissioner shall, on 
the surrender of such patent and the payment of the duty re- 
quired by law, cause a new patent for the same invention, and 
in accordance with the corrected specification, to be issued to 
the patentee, or, in case of his death or of an assignment of 
the whole or any undivided part of the original patent, then to 
his executors, administrators, or assigns, for the unexpired 
part of the term of the original patent. Such surrender shall 
take effect upon the issue of the amended patent. The Com- 
missioner may, in his discretion, cause several patents to be 
issued for distinct and separate parts of the thing patented, 
upon demand of the applicant, and upon payment of the re- 
quired fee for a re-issue for each of such re-issued letters 
patent. The specifications and claim in every such case shall 
be subject to revision and restriction in the same manner as 
original applications are. Every patent so re-issued, together 
with the corrected specifications, shall have the same effect and 
operation in law, on the trial of all actions for causes there- 
after arising, as if the same had been originally filed in such 
corrected form; but no new matter shall be introduced into 
the specification, nor in case of a machine patent shall the model 
or drawings be amended, except each by the other; but when 
there is neither model nor drawing, amendments may be made 
upon proof satisfactory to the Commissioner that such new 
matter or amendment was a part of the original invention, and 
was omitted from the specification by inadvertence, accident, 
or mistake, as aforesaid. 

Reissue must be for original invention. — Seymour v. Osborne, 11 Wall., 516. 
Littlefield v. Perry, 21 Wall., 205; 7 O. G., 964. Gill v. Wells, 22 Wall., 1; 6 
O. G., 881. Union Pap. Col. Co. v. Van Dusen, 23 Wall., 530; 7 O. G., 919. 
Russell V. Dodge, 93 U. S., 460; 11 O. G., 151. Marsh v. Seymour, 97 U. S., 
348; 13 O. G., 723. Powder Co. v. Powder Works, 98 U. S., 126; 15 O. G., 
289. Ball V. Langles, 102 U. S., 128; 18 O. G., 1405. Garneau v. Dozier, 102 
U. S., 230; 19 O. G., 61. James v. Campbell, 104 U. S., 356; 21 O. G., 337. 
Heald v. Rice, 104 U. S., 737; 21 O. G., 1443. Johnston v. R. R. Co., 105 U. S., 
539; 22 O. G., 329. Wing v. Anthony, 106 U. S., 142. Gage v. Herring, 107 
U. S., 640; 23 O. G., 2119. • McMurray v. Mallory, 111 U. S., 97-109; 27 O. G., 
915. Cochrane v. Badische, 111 U. S., 203; 27 O. G., 813. Eachus v. Broomall, 
115 U. S., 429; 33 O. G., 1265. Worden v. Searles, 121 U. S., 14; 39 O. G., 
359. Pattee Plow Co. v. Kingman Co., 129 U. S., 294; 46 O. G., 1107. Flower 
V. City of Detroit, 127 U. S., 563; 43 O. G., 1348. Farmers Co. v. Challenge 
Co., 128 U. S., 506; 45 O. G., 1570. Dunham v. Dennison, 154 U. S., 103; 
67 O. G., 1571. Olin v. Timkin, 155 U. S., 141; 69 O. G., 1361. Lehigh Valley 
Co. V. Kearney, 158 U. S., 461; 72 O. G., 139. Pat. Clothing Co. v. Glover, 141 
U. S. 560; 57 O. G., 1287. Freeman v. Asmus, 145 U. S., 226; 59 O. G., 1432. 
Huber v. Nelson, 148 U. S., 270; 63 O. G., 311. Leggett v. Oil Co., 149 U. S., 
287; 63 O. G., 1201. Corbin Lock Co. v. Eagle Lock Co., 150 U. S., 38; 65 
O. G., 1066. American Co. v. Johnston Co., 52 F. R., 229; 61 O. G., 1793. 

Can not proceed on original patent if reissue is void. — Eby v. King, 158 U. S., 
366; 71 O. G., 1454. 



United States of America 475 

Defective specification, inoperative patent; mistake laches, neiu matter rein- 
statement of claims. — Yale Lock Co. v. Berkshire Bank, 135 U. S., 342; 51 O. 
G., 1291. 

Disclaimer to new matter in reissue considered. — Hurlbut v. Schillinger, 130 
U. S., 456; 47 O. G., 1067. 

Enlarged claim must he sought mithin two years. — ToplifT v. Topliff, 145 U. S., 
156; 59 O. G., 1257. Wollensak v. Reiher, 115 U. S., 96. 

Intervening rights. — Lumber Co. v. Rodgers, 112 U. S., 659; 30 O. G., 449. 
Clements v. Excavating Co., 109 U. S., 641-650; 26 O. G., 353. Turner & Co. 
V. Stamping Co., Ill U. S., 319; 27 O. G., 1131. White v. Dunbar, 110 U. S., 
47; 37 O. G., 1002. Cornell v. Weidner, 127 U. S., 261; 43 O. G., 985. Brown v. 
Davis, 116 U. S., 237; 34 O. G., 435. Mahn v. Harwood, 112 U. S., 354; 30 O. 
G., 657. Ives v. Sargent, 119 U. S., 652; 38 O. G., 781. Newton v. Furst, Etc., 
Co., 119 U. S., 373; 38 O. G., 104. 

Inadventence or mistake. — Coon v. Wilson, 113 U. S., 268; 30 O. G., 889. 
Yale Lock Co. v. James, 125 U. S., 447; 43 O. G., 881. 

Insufficient specification, accident or mistake, enlargement of claims. — Fames v. 
Andrews, 122 U. S., 40; 39 O. G., 1319. Matthews v. Iron Clad Co., 124 U. S., 
347; 42 O. G., 827. 

Matter purposely erased in original. — Leggett v. Avery, 101 U. S., 256; 17 
O. G., 445. Goodyear Co. v. Davis, 102 U. S., 222; 19 O. G., 543. Cartridge Co. 
V. Cartridge Co., 112 U. S., 624; 30 O. G., 771. Beecher Co. v. Atwater Co., 
114 U. S., 523; 31 O. G., 1306. Crawford v. Heysinger, 123 U. S., 589; 42 O. 
G., 197. Dobson v. Lees, 137 U. S., 258; 53 O. G., 1740. 

Question of fact settled by Commissioner. — Seymour v. Osborne, 11 Wall., 
616. Corn planter Patent, 23 Wall., 181. 

Reissue for abandoned invention. — Mfg. Co. v. Corbin, 103 U. S., 786; 20 
O. G., 297. 

"The same invention" defined. — Parker & Whipple Co. v. Yale Co., 123 U. S., 
«7-104; 41 O. G., 811. 

Unreasonable J^/a:v.— Miller v. Brass Co., 104 U. S., 350; 21 O. G., 201. 
Matthews v. Mach. Co., 105 U. S., 54; 21 O. G., 1349. Bantz v. Frantz, 105 U, 
S., 160; 21 O. G., 2037. Johnson v. R. R. Co., 105 U. S., 539; 22 O. G., 3^9. 
Thomson v. Wooster, 114 U. S., 104-120; 31 O. G., 913. Gardner v. Herz, 118 
U. S., 180; 35 O. G., 999. Hartshorn v. Saginaw Co., 119 U. S., 664; 38 O. G., 
540. Gas Light Co. v. Boston Flee. Co., 139 U. S., 481; 55 O. G., 429. Leggett 
v. Oil Co., 149 U. S., 287; 63 O. G., 1201. Wollensak v. Sargent, 151 U. S., 221; 
66 O. G., 1007. 

Sec. 4917. Whenever, through inadvertence, accident,' or 
mistake, and without any fraudulent or deceptive intention, a 
patentee has claimed more than that of which he was the orig- 
inal or first inventor or discoverer, his patent shall be valid 
for all that part which is truly and justly his own, provided 
the same is a material or substantial part of the thing pat- 
ented; and any such patentee, his heirs or assigns, whether of 
the whole or any sectional interest therein, may, on payment 
of the fee required by law, make disclaimer of such parts of the 
thing patented as he shall not choose to claim or to hold by 
virtue of the patent or assignment, stating therein the extent 
of his interest in such patent. Such disclaimer shall be in 
writi^ig, attested by one or more witnesses, and recorded in 
the Patent Office; and it shall thereafter be considered as part 
of the original specification to the extent of the interest pos- 
sessed by the claimant and by those claiming under him after 
the record thereof. But no such disclaimer shall affect any 
action pending at the time of its being filed, except so far as 
may relate to the question of unreasonable neglect or delay 
in filing it. 



476 United States of America 

[See sees. 973, 4.922.] 

Costs, effect of disclaimer on. — Sessions v. Romadka, 145 U. S., 29; 59 O. 
G., 939. 

Disclaimer of reissue claim. — Gage v. Herring, 107 U. S., 640; 23 O. G., 
2119. McMurray v. Mallory, 111 U. S., 97; 27 O. G., 915. Hurlbut v. Schil- 
linger, 130 U. S., 456; 47 O. G., 1067. 

Disclaimer m,ade to obviate having included too many devices. — Sessions v, 
Romadka, 145 U. S., 29; 59 O. G., 939. 

Disclaimer part of specification. — Dunbar v. Meyers, 94 U. S., 187; 11 O. G., 
35. Schwarzwalder v. N. Y. Filter Co., 66 F. R., 152; 73 O. G., 1043. 

Disclaimer filed after bill. — Smith v. Nichols, 21 Wall., 112. 

Purpose of disclaimer. — Hailes v. Albany Stove Co., 123 U. S., 582; 42 O. 
G., 95. Union Met. Cartridge Co. v. U. S. Cartridge Co., 112 U. S., 624-645; 
30 O. G., 771. Collins & Co., v. Goes, 130 U. S., 56-69; 47 O. G., 523. 

Sec. 4918. Whenever there are interfering patents, any 
person interested in any one of them, or in the working of 
the invention claimed under either of them, may have relief 
against the interfering patentee, and all parties interested 
under him, by suit in equity against the owners of the inter- 
fering patent; and the court, on notice to adverse parties, and 
other due proceedings had according to the course of equity,, 
may adjudge and declare either of the patents void in whole 
or in part, or inoperative, or invalid in any particular part 
of the United States, according to the interest of the parties in 
the patent or the invention patented. But no such judgment 
or adjudication shall affect the right of any person except the 
parties to the suit and those deriving title under them sub- 
sequent to the rendition of such judgment. 

Relation of improvements to original invention. — Cantrell v. Wallick, 117 U. 
S., 689; 35 O. G., 871. Robertson v. Blake, 94 U. S., 728; 11 O. G., 877. 

Decision of Patent Office, effect in suit. — Appleton v. Ecaubert, 67 F. R., 917; 
71 O. G., 1617. 

Devices actually made as well as face of patent should be considered in deter- 
mining interference. — Thomson-Houston Co. v. Western Co., 72 F. R., 530; 75 
O. G., 347. 

Sec. 4919. Damages for the infringement of any patent 
may be recovered by action on the case, in the name of the 
party interested either as patentee, assignee, or grantee. And 
whenever in any such action a verdict is rendered for the plaint- 
iff, the court may enter judgment thereon for any sum above 
the amount found by the verdict as the actual damagos sus- 
tained, according to the circum.stances of the case, not exceed- 
ing three times the amount of such verdict, together with the 
costs. 

Actual damages, rule in law actions. — Birdsall v. Coolidge, 93 U. S., 64; 10 
O. G. 748. 

Anticipation, question for jury in law action. — Harper & Reynolds Co. v. Wilgus, 
66 F. R., 587; 64 O. G., 302. 

Conspiracy, action at law. — Ambler v. Choteau, 107 U. S., 586. 

Infringement. — Fermentation Co. v. Maus, 122 U. S., 413; 39 O. G., 1419. 
Safety Valve Co. v. Steam Gage Co., 113 U. S., 157; 30 O. G., 991. Lake Shore 
and S. M. Railway Co. v. Nat'l Car Brake Shoe Co., 110 U. S., 229; 26 O. G., 



United States of America 477 

915. Morley Co. v. Lancaster, 129 U. S., 263; 47 O. G. 267. Hurlbut v. Schil- 
linger, 130 U. S., 456; 47 O. C, 1067. Plummer v. Sargent, 120 U. S., 442. 
Wollensack v. Sargent, 151 U. S., 221; 66 O. G., 1007. Bearing v. Winona 
Works, 155 U. S., 286; 69 O. G., 1641. Dubois v. Kirk, 158 U. S., 58; 71 O. G., 
889. National Cash Register Co. v. Boston Co., 156 U. S., 502; 70 O. G., 1793. 
Potts V. Creager, 155 U. S., 597; 70 O. G., 494. Belknap v. Schild, 16 U. S., 
10; 74 O. G., 1121. Griswold v. Harker, 62 F. R., 389; 69 O. G., 369. Devlin 
V. Paynter, 64 F. R., 398; 69 O. G., 1365. Am. Paper Co. v. National Co., 51 
F. R., 229; 61 O. G., 287. Gurney v. Oakes, QQ F. R., 1007; 73 O. G., 451. 
Capital Cash Reg. Co. v. Nat'l Cash Reg. Co., 70 F. R., 709; 73 O. G., 1864. 
Lalance & Grosjean Mfg. Co. v. Habermann Mfg. Co., 53 F. R.,. 375; 63 O. G., 
1816. Celluloid Mfg. Co. v. Arlington Mfg. Co., 52 F. R., 740; 64 O. G., 1263. 
Adee v. Mott Iron Works, 55 F. R., 876; 64 O. G., 1400. 

Infringement doubtful, injunction refused. — Ertel v. Stahl, 65 F. R., 517; 70 
O. G., 1069. Schwarzwalder v. N. Y. Filter Co., 66 F. R., 152; 72 O. G., 1043. 

Infringement of apparatus which delivers perishable arf!c/(?.— Morgan En- 
velope Co. V. Albany Co., 152 U. S., 425; 67 O. G., 271. 

Infringement by purchaser from assignee. — Keeler v. Standard Co., 157 U. S., 
659; 71 O. G., 451. 

Infringement, pioneer invention. — Westinghouse Co. v. N. Y. Co., 63 F. R., 
962; 69 O. G., 945. Norton v. Jensen, 49 F. R., 859; 60 O. G., 1326. 

Noninfringement. — Coon v. Wilson, 113 U. S., 268; 30 O. G., 889. Blake v. 
San Francisco, 113 U. S., 679; 31 O. G., 380. Thompson v. Boisselier, 114 U. 
S., 1; 31 O. G., 377. Sargent v. Hall Co., 114 U. S., 63; 31 O. G., 661. Mc- 
Murray v. Mallory, 111 U. S., 97; 27 O. G., 915. Voss v. Fisher, 113 U. S., 
213; 30 O. G., 1096. Grier v. Wilt, 120 U. S., 412; 38 O. G., 1365. Fay v. 
Cordesman, 109 U. S., 408; 25 O. G., 1277. Estey v. Burdett, 109 U. S., 633; 
26 O. G., 637. Clements v. Excavating Co., 109 U. S., 641; 26 O. G., 353. Bus- 
sey V. Excelsior Co., 110 U. S., 131; 26 O. G., 733. Zane v. Saflfe, 110 U. S., 
200; 26 O. G., 737. Shepard v. Carrigan, 116 U. S., 593; 34 O. G., 1157. Yale 
Lock Co. V. Sargent, 117 U. S., 373; 35 O. G., 385. Consold. Valve Co. v. Kunkle, 
119 U. S., 45; 37 O. G., 1003. California Co. v. Schalicke, 119 U. S., 401; 38 
O. G., 329. Sutter v. Robinson, 119 U. S., 530; 38 O. G., 230. Sharp v. Riess- 
ner, 119 U. S., 631; 38 O. G.. 418. Hartshorn v. Saginaw Co., 119 U. S., 664; 
38 O. G., 540. Crawford v. Heysinger, 123 U. S., 589; 42 O. G., 197. Dryfoos 
V. Wiese, 124 U. S., 32; 42 O. G., 490. Yale Lock Co. v. James, 125 U. S., 
447; 43 O. G., 881. Clark v. Beecher Co., 115 U. S., 79; 31 O. G., 1169. Wol- 
lensak v. Reiher, 115 U. S., 87; 31 O. G., 1303. Field v. DeComeau, 116 U. S., 
187; 34 O. G., 559. Brown v. Davis, 116 U. S., 237; 34 O. G., 435. Worden v. 
Searls, 121 U. S., 14; 39 O. G., 359. McCormick v. Whitmer, Admr., 129 U. S., 
1; 46 O. G., 443. Sargent v. Burgess, 129 U. S., 19; 46 O. G., 693. Peters v. 
Active Co., 129 U. S., 530; 47 O. G., 948. Bene v. Jeantet, 129 U. S., 683; 47 
O. G., 402. Hendy v. Golden State Works, 127 U. S., 370; 43 O. G., 1117. Cook 
V. Sandusky Co., 15 Brodix, 120; 26 O. G., 1114. Wright v. Yuengling, 155 U. 
S., 47; 69 O. G., 639. United States v. Berdan Co., 156 U. S., 552. Miller v. 
Eagle Mfg. Co., 151 U. S., 186; 66 O. G., 845. McCarty v. Lehigh Co.. 160 U. 
S., 110; 73 O. G., 1707. Elec. Light Co. v. McKeesport, 159 U. S., 465; 73 O. 
G., 1289. Lehigh Valley Co. v. Kearney, 158 U. S., 461; 72 O. G., 139. Boyd v. 
Janesville Co., 158 U. S., 260; 71 O. G., 1315. Black Diamond Co. v. Excelsior 
Co., 156 U. S., 611; 70 O. G., 1797. Roller Mill Co. v. Barnard & Leas, 156 U. 
S., 261; 70 O. G., 1065. Dashiell v. Grosvenor, 162 U. S., 425; 75 O. G., 507. 
Kinzel v. Luttrell Brick Co., 67 F. R., 926; 72 O. G., 900. Wright & Cotton 
Wire Cloth Co. v. Clinton Wire Cloth Co., 67 F. R., 790; 72 O. G., 1046. Bon- 
sak Mach. Co. v. Elliott, 69 F. R., 335; 72 O. G.. 1654. Jensen Can-Filling 
Mach. Co. V. Norton, 67 F. R., 236; 73 O. G., 811. Thomson-Houston Elec. Co. 
V. West." Elec. Co., 70 F. R., 69; 73 O. G., 1123. Gould Co. v. Trojan Co., 74 
F. R., 794; 75 O. G., 2009. Brush Elec. Co. v. Western Co., 76 F. R., 761; 77 
O. G., 1273. Stirratt v. Excelsior Co., 61 F. R., 980; 67 O. G., 1450. Cornell v. 
Bataille, 61 F. R,. 684; 68 O. G., 916. Pacific Cable Co. v. Cons. Co., 62 F. R., 
288; 69 O. G., 123. 

Noninfringement — Article made by particular process. — Cochrane v. Badische 
Co., Ill U. S., 293; 27 O. G., 813. 

Noninfringement of combination claim. — Rowell v. Lindsay, 113 U. S., 97; 
31 O. G., 120. Elec. R'y Signal Co. v. Signal Co., 114 U. S., 87; 31 O. G., 
515. Bragg v. Fitch. 121 U. S., 478; 39 O. G., 829. Snow v. Lake Shore Co., 
121 U. S., 617; 39 O. G., 1081. Thomson-Houston Co. v. Kelsey Co., 75 F. R., 
1005; 76 O. G., 2008. 

Evidence of novelty; discretion of lower court. — St. Paul Plow Works v. Star- 
ling. 140 U. S., 184; 35 O. G., 1821. 

Patent for improvement does not convey right to use broad invention. — Can- 
trell V. Wallick, 117 U. S., 689; 35 O. G., 871. 

Patent rights reached by creditors' bill. — Ager v. Murray, 105 U. . S., 126; 
21 O. G., 1197. 

Contributory infringement. — Heaton Co. v. Eureka Co., 77 F. R., 288; 78 O. 
G., 171. 

Repairing patented device. — Shiekle, Etc., Co. v. St. Louis Co., 77 O. G., 
2142. (Consult also citations under Sec. 4886, ante 15-18.) 

Sec. 4920. In any action for infringement the defendant 



478 United States of America 

may plead the general issue, and, having given notice in writ- 
ing to the plaintiff or his attorney thirty days before, may 
prove on trial any one or more of the following special mat- 
ters: 

First. That for the purpose of deceiving the public the 
description and specification filed by the patentee in the Pat- 
ent Office was made to contain less than the whole truth rela- 
tive to his invention or discovery, or more than is necessary to 
produce the desired effect; or. 

Second. That he had surreptitiously or unjustly obtained 
the patent for that which was in fact invented by another, 
who was using reasonable diligence in adapting and perfecting- 
the same; or. 

Third. That it has been patented or described in some 
printed publication prior to his supposed invention or dis- 
covery thereof, or more than two years prior to his application 
for a patent therefor; or, 

Fourth. That lie was not the original and first inventor or 
discoverer of any material and substantial part of the thing 
patented; or. 

Fifth. That it had been in public use or on sale in this 
country for more than two years before his application for a 
patent, or had been abandoned to the public. 

And in notices as to proof of previous invention, knowl- 
edge, or use of the thing patented, the defendant shall state 
the names of the patentees and the dates of their patents, and 
when granted, and the names and residences of the persons 
alleged to have invented or to have had the prior knowledge 
of the thing patented, and where and by whom it had been 
used; and if any one or more of the special matters alleged 
shall be found for the defendant, judgment shall be rendered 
for him with costs. And the like defenses may be pleaded in 
any suit in equity for relief against an alleged infringement; 
and proofs of the same may be given upon like notice in the 
answer of the defendant, and with the like effect. 

Complainants must prove infringement. — Fuller v. Yentzer, 94 U. S., 288, 
299; 11 O.'G., 551, 597. Bates v. Coe, 98 U. S., 31; 15 O. G., 337. 

Damages must he proved. — Robertson v. Blake, 94 U. S., 728; 11 O. G., 877. 

Defenses to suit not coniined to those mentioned in this statute. — Gardiner v. 
Herz, 118 U. S., 180; 35 O. G., 999. 

Defense of priority. — Clark Thread Co. v. Willimantic Linen Co., 140 U. S., 
481; 56 O. G., 395. 

Defense of prior patent must he made below. — Andrews v. Thum, 67 F. R.> 
911; 72 O. G., 899. 



United States oe America 479 

Defense that complainant has no interest. — Paine v. Trask, 56 F. R., 233; 65 
O. G., 298, 

Delay as an estoppel. — Thome Co. v. Washburn & Moen, 159 U. S., 423; 73 
O. G., 1411. 

Denial of utility.— Gandy v. Belt Co., 143 U. S., 587; 59 O. G., 1.106. 

Denial of validity.— Western Elec. Co. v. La Rue, 139 U. S., 601; 55 O. G., 
571. 

Estoppel by former recovery.— Russell v. Place, 94 U. S., 606; 12 O. G., 853. 

Estoppel by decree pro confesso. — Thomson v. Wooster, 114 U. S., 104; 31 
O. G., 913. 

Estoppel by assignment. — Babcock v. Clarkson, 63 F. R., 607; 69 O. G., 1773. 

Estoppel of assignor. — M. & H. Cash Carrier Co. v. Martin, 67 F. R., 786; 
72 O. G., 744. 

No estoppel by application for patent. — Haughey v. Lee, 151 U. S., 282; 66 
O. G., 1450. 

Exceptions to judge's charge to the jury. — Haines v. McLaughlin, 135 U. S., 
584; 51 O. G., 1465. 

Expert testimony necessary. — Waterman v. Shipman, 55 F. R., 982; 64 O. G., 
713. 

Estoppel by interference proceedings in Office. — Shoemaker v. Merrow, 61 F. 
R., 945; 68 O. G., 1523. Fassett v. Ewart Co., 62 F. R., 404; 69 O. G., 953. 

Fraudulent patents.— V., W. & B. R. Co. v. Dubois, 12 Wall., 47. 

General purpose of the statute. — Root v. R'y Co., 105 U. S., 189; 21 O. G., 
1112. Albright v. Teas, 106 U. S., 613; 23 O. G., 829. Dolan v. Tennings, 139 
U. S., 385; 55 O. G., 141. White v. Rankin, 144 U. S., 628; 59 6. G., 1606. 

Government needs no defense. — Cammeyer v. Newton, 94 U. S., 225; 11 O. 
G., 287. U. S. V. Burns, 12 Wall., 246. U. S. v. McKeever, 23 O. G., 1525- 
1530. Hollister v. Benedict, 113 U. S.. 59. United States v. Palmer, 128 U. S., 
262. Solomons v. United States, 137 U. S., 342; 54 O. G., 265. Schillinger v. 
United States, 155 U. S., 163; 69 O. G., 1505. Belknap v. Schild, 161 U. S., 
10; 74 O. G., 1121. 

Judicial wof/c^.— Brown v. Piper, 91 U. S.. 37; 10 O. G., 417. Terhune v. 
Phillips, 99 U. S., 592. Slawson v. R. R. Co., 107 U. S., 649; 24 O. G., 99. 
Black Diamond Co. v. Excelsior Co., 156 U. S.. 611; 70 O. G., 1797; Richards v. 
Chase Co., 159 U. S., 477; 73 O. G., 1710. Am. Fibre Co. v. Buckskin Co., 75 
O. G., 833; 72 F. R., 508. Butte City Co. v. Pacific Co., 60 F. R., 410; 60 O. G., 
1758-1760. 

Jurisdiction in equity, general demurrer. — McCoy v. Nelson^ 121 U. S., 484; 
39 O. G., 831. 

Infringement is question for jury. — Tucker v. Spaulding, 13 Wall., 453. 

Licensee estoppel.— Dueher Co. v. Robbins, 75 F. R., 17; 77 O. G., 154. 

Law or equitv procedure. — Cochrane v. Deener, 94 U. S., 780; 11 O. G., 687. 
Hayward v. Andrews, 106 U. S., 672; 23 O. G., 533. Clark v. Wooster, 119 U. 
S., 322; 37 O. G., 1477. Germain v. Wilgus, 67 F. R., 597; 73 O. G., 1555. 

Nezv matter in Patent need not be ' st>eci-ficaUy set forth in the answer. — Eagle- 
ton Mfg. Co. V. Mfg. Co., Ill U. S., 490; 27 O. G., 1237. 

No suit under original after reissue. — Reedy v. Scott, 23 Wall., 352; 7 O. G., 
463. 

Ownership. — Cammeyer v. Newton, 94 U. S., 225; 11 O. G., 287. 

Patentee need not notify intending infringer. — P., W. & B. R. Co. v. Dubois, 
12 Wall., 47. 

Patentee the original inventor. — Sewall v. Jones, 91 U. S., 171: 9 O. G., 47. 
Loom Co. V. Higfins, 105 U. S., 580; 21 O. G., 2031. Atlantic Works v. Brady, 
107 U. S., 192; 23 O. G., 1330. 

Patentee bound bv his patent: — Keystone Bridge Co. v. Phcenix Iron Co., 95 
U. S., 274; 12 O. G., 980. 

Patents not set up in anszver may be introduced to aid in construction of 
claims.— Grier v. Wilt, 120 U. S., 412; 38 O. G., 1865. 

Point of void reissue must be made in lower court (Klein v. Russell, 19 Wall., 
433,) and must be by defemdant. — Smith v. Goodyear D. V. Co., 93 U. S., 486; 
11 O. G., 246. Bates v. Coe, 98 U. S., 31; 15 O. G., 337. 

Proof of invalidity upon defendants. — Sevmour v. Osborne, 11 Wall.. 516. 
Reckendorfer v. Faber, 92 U. S., 347; 10 O. G.. 71. Roemer v. Simon, 95 U. S., 
214; 12 O. G., 796. Imhaeuser v. Buerk, 101 U. S., 647; 17 O. G., 795. 

Questions for court and those for jurv considered. — Market Street Co. v. Row- 
ley, 155 U. S., 621; 70 O. G., 632. Coupe v. Royer, 155 U. S., 565; 70 O. G., 
779. Lumber Co. v. Rodgers, 112 U. S., 650: 30 O. G., 449. Keyes v. Grant, 
118 U. S., 25; 35 O. G., 747. Humiston v. Wood, 124 U. S., 12. Royer v. Schultz 
Co., 135 U. S., 319; 52 O. G., 157. Miller v. Eagle Mfg. Co., 151 U. S., 186; 66 
O. G., 845. 

Res adjiid-cata.—lohnson Co. v. Wharton Co.. 152 U. S., 252: 67 O. G., 274. 
Lyon V. Perrin & GaflF Co., 125 U. S., 698; 43 O. G., 983. David Bradley Co. v. 
Eagle Co.. 58 F. R., 721; 66 O. G., 315. Elec. Accu. Co. v. Brush Co., 52 F. R., 
130; 61 O. G., 886. 

Reconstruction mav be infringement. — Am. Cot. Tie Co. v. Simmons, 106 U. 
S., 89; 22 O. G., 1976. 

Statutes of limitations of the several States apply to patent suits. — Campbell v. 
Haverhill, 155 U. S., 610; 70 O. G., 385. 



480 United States of America 

Under general denial prior knowledge may he shown. — Zane v. Saffe, 110 U. S., 
200; 26 O. G., 737. 

Validity and infringement must be clear to warrant preliminary injunction. — ■ 
Stand. El. Co. v. Crane El. Co., 56 F. R., 718; 64 O. G., 438. 

Want of patentability need not he specificallv pleaded. — May v. County of 
Juneau, 137 U. S., 408; 53 O. G., 1888. Hendy v. Golden State, 127 U. S., 370; 
43 O. G., 1117. Richards v. Chase, 158 U. S., 299; 71 O. G., 1456. 

Technical questions can not be raised on appeal where not raised below — 
Tuttle V. Claflin, 76 F. R., 227; 77 O. G., 973. Smith & Davis Co. v. Mellon, 
58 F. R., 705; 66 O. G., 173. 

Sec. 4921. The several courts vested with jurisdiction of 
cases arising under the patent laws shall have power to grant 
injunctions according to the course and principles of courts 
of equity, to prevent the violation of any right secured by pat- 
ent, on such terms as the court may deem reasonable; and 
upon a decree being rendered in any such case for an infringe- 
ment the complainant shall be entitled to recover, in addition to 
the profits to be accounted for by the defendant, the damages 
the complainant has sustained thereby; and the court shall as- 
sess the same or cause the same to be assessed under its direc- 
tion. And the court shall have the same power to increase 
such damages, in its discretion, as is given to increase the 
damages found by verdicts in actions in the nature of actions 
of trespass upon the case. 

But in any suit or action brought for the infringement of 
any patent there shall be no recovery of profits or damages 
for any infringement committed more than six years before 
the filing of the bill of complaint or the issuing of the writ in 
such suit or action, and this provision shall apply to existing 
causes of action. 

Articles imported from abroad — Measure of damages. — Boesch v. Graff, 133 
U. S., 697; 51 O. G., 477. 

Compensatory damages. — Birdsall v. Coolidge, 93 U. S., 64; 10 O. G., 748. 

Court will not interfere to enjoin a pending suit at law, much less the bring- 
ing of one in the future.— Uapgood v. Hewitt, 119 U. S., 226; 37 O. G., 1247. 

Decree against all defendants. — Hohorst v. Hamburg Am. Packet Co., 148 U. 
S., 262; 63 O. G., 155. 

Effect of laches on right to preliminary injunction. — Keyes v. Eureka Co., 158 
U. S., 150; 711 O. G., 1027. Russell v. Kern, 69 F. R., 94; 72 O. G., 590. 

Effect of expiration of patent before final decree. — Beedle v. Bennett, 122 U. 
S., 71; 39 O. G., 1326. Clark v. Wooster, 119 U. S., 322; 37 O. G., 1477. 

Infringement by equivalents. — Seymour v. Osborne, 11 Wall., 516. Gould v. 
Rees, 15 Wall., 187. Cawood Patent, 94 U. S., 695; 12 O. G., 709. 

Infringer's liability. — Mowry v. Whitney, 14 Wall., 620. Philp v. Nock, 17 
Wall., 460. Packet Co. v. Sickles, 19 Wall., 611. Littlefield v. Perry, 21 Wall., 
205- 7 O. G., 964. Mason v. Graham, 23 Wall., 261; 7 O. G., 833. The Tremolo 
Patent, 23 Wall., 518; 7 O. G., 1055. Burdell v. Denig, 92 U. S., 716. Meys v. 
Conover, 11 O. G., 1111. Elizabeth v. Pavement Co., 97 U. S., 126. Marsh v. 
Seymour, 97 U. S.. 348; 13 O. G., 723. Goulds Mfg. Co. v. Cowing, 105 U. S., 
253- 21 O. G., 1277. Crosby Valve Co. v. Safety Valve Co., 141 U. S., 441; 57 
O G., 1000. McCreary v. Pa. Canal Co., 141 U. S., 459; 57 O. G., 1131. Ses- 
sions V. Romadka, 145 U. S., 29; 59 O. G., 939. Consumer Co. v. Am. Co., 50 
F R., 778; 60 O. G., 738. 

Liabilities of parties, maker, user and seller. — Birdsell v. Shaliol, 112 U. S., 

Mea<!ur'e of ' damages.— Garretson v. Clark, 111 U. S., 120; 27 O. G., 524. Black 
V Thorne, 111 U. S., 122; 27 O. G., 415. Rude v. Wescott, 130 U. S., 152. 
Hurlbut V Schillinger, 130 U. S., 456; 47 O. G., 1067. Comely v. Marckwald, 



United States of America 481 

131 U. S., 159; 47 O. G., 1353. Thomson v. Wooster, 114 U. S., 104; 31 O. G., 
913. Clark v. Wooster, 119 U. S., 322; 37 O. G., 1477. Seabury v. Am Ende, 
152 U. i)., 561; 67 O. G., 401. Warren v. Keep, 155 U. S., 265; 69 O. G., 1647. 
Belknap v. Schild, 16 S. C. Reporter, 443; 74 O. G., 1121. Holmes v. Truman, 
67 F. R., 542; 73 O. G., 448. Hunt Bros. v. Cassidy, 53 F. R., 257; 62 O. G., 
1965. Sayre v. Scott, 55 F. R., 971; 63 O. G., 1818. Keystone Co. v. Adams, 
151 U. S., 139; 66 O. G., 654. Coupe v. Royer, 155 U. S., 565; 70 O. G., 779. 
Tilghman v. Proctor, 125 U. S., 136; 43 O. G., 628. Tuttle v. Claflin, 76 F. R., 
227; 77 O. G., 973. Moslier v. Joyce, 51 F. R., 441; 61 O. G., 153. 

Measure of damages, interest on damages — Death of patentee during suit. — - 
Railroad Co. v. Turrill, 110 U. S., 301; 26 O. G., 917. 

Not necessary to sliozu recovery at law to warrant jurisdiction in equity for 
injunction.— McCoy v. Nelson, 121 U. S., 484; 39 O. G., 831. 

Jurisdiction.- — Heaton Co. v. Eureka Co., 78 O. G., 171. 

Perpetual injunction granted. — Safety Valve Co. v. Steam Co., 113 U. S., 157; 
30 O. G., 991. 

Violation of preliminary injunction. — Warden v. Searls, 121 U. S., 14; 39 O. 
G., 359. 

Injunction.— Am. Paper Co. v. National Co., 51 F. R., 229; 61 O. G., 287. 

Sec. 2. That said courts [U. S. circuit courts], when sitting- 
in equity for the trial of patent causes, may impanel a jury of 
not less than five and not more than twelve persons, subject to 
such general rules in the premises as may, from time to time, 
be made by the Supreme Court, and submit to them such ques- 
tions of fact arising in such cause as such circuit court shall 
deem expedient. 

And the verdict of such jury shall be treated and proceeded 
upon in the same manner and with the same effect as in the 
case of issues sent from chancery to a court of law and re- 
turned with such findings. 

Sec 4922. Whenever, through inadvertence, accident, or 
mistake, and without any wilful default or intent to defraud 
or mislead the public, a patentee has, in his specification, 
claimed to be the original and first inventor or discoverer of 
any material or substantial part of the thing patented, of 
which he was not the original and first inventor or discoverer, 
every such patentee, his executors, administrators, and assigns, 
whether of the whole or any sectional interest in the patent, 
may maintain a suit at law or in equity, for the infringement 
of any part thereof, which was bona fide his own, if it is a 
material and substantial part of the thing patented, and defi- 
nitely distinguishable from the parts claimed without right, 
notwithstanding the specifications may embrace more than that 
of which the patentee was the first inventor or discoverer. 
But in every such case in which a judgment or decree shall 
be rendered for the plaintiff, no costs shall be recovered unless 
the proper disclaimer has been entered at the Patent Office 
before the commencement of the suit. But no patentee shall 
be entitled to the benefits of this section if he has unreasonably 



482 United States of America 

neglected or delayed to enter a disclaimer. [See Sees. 973, 
4917.] 

Disclaimer filed before rehearing considered. — Roemer v. Bernheim, 132 U. S., 
103; 49 O. G., 1535. 

Disclaimer filed after suit h&gun will prevent recovery of costs. — Sessions v. 
Romadka, 145 U. S., 29; 59 O. G., 939. 

Sec. 4923. Whenever it appears that a patentee, at the time 
of making his application for the patent, believed himself to be 
the original and first inventor or discoverer of the thing pat- 
ented, the same shall not be held to be void on account of the 
invention or discovery, or any part thereof, having been known, 
or used in a foreign country, before his invention or discovery 
thereof, if it had not been patented or described in a printed 
publication. 

DESIGNS, 

Sec. 4929. Any person who has invented any new, original^ 
and ornamental design for an article of manufacture, not 
known or used by others in this country before his invention 
thereof, and not patented or described in any printed publica- 
tion in this or any foreign country before his invention thereof, 
or more than two years prior to his application, and not in 
public use or on sale in this country for more than two years 
prior to his application, unless the same is proved to have been 
abandoned, may, upon payment of the fees required by law and 
other due proceedings had, the same as in cases of invention 
or discoveries covered by section forty-eight hundred and eighty- 
six, obtain a patent therefor. 

Doubtful patentability.— 1:^. Y. Belt Co. v. N. J. Car Spring Co., 137 U. S.. 
445; 54 O. G., 135. 

Utility in designs.—Smith v. Whitman Saddle Co., 148 U. S., 674. 

Novelty determined by ocular comparison. — Braddock Glass Co. v. Macbeth, 
64 F. R., 118; 70 O. G., 1799. 

Double use not patentable. — Untermeyer v. Freund, 58 F. R., 205; 65 O. G., 
1767. 

7nz;^nfton.— Caldwell v. Powell, 73 F. R., 488; 77 O. G., 1272. 

Lack of invention. — Krick v. Jansen, 61 F. R., 847; 68 O. G., 1274. Paine v. 
Snowden, 50 F. R., 776; 60 O. G., 737. 

Must be ornamental. — Rowe v. Blodgett &, Clapp Co. 98 O. G., 1286. 

Sec 4930. The Commissioner may dispense with models of 
designs when the design can be sufficiently represented by draw- 
ings or photographs. 

Sec. 4931. Patents for designs may be granted for the term 
of three years and six months, or for seven years, or for four- 
teen years, as the applicant may, in his application, elect. 

Sec. 4932. Patentees of designs issued prior to the second 



United States of America 483 

day of March, eighteen hundred and sixty-one, shall be entitled 
to extension of their respective patents for the term of seven 
years, in the same manner and under the same restrictions as 
are provided for the extension of patents for inventions or 
discoveries issued prior to the second day of March, eighteen 
hundred and sixty-one. 

Sec. 4933. All the regulations and provisions which apply 
to obtaining or protecting patents for inventions or discoveries 
not inconsistent with the provisions of this Title, shall apply to 
patents for designs. 

CHAP. 105. — An act to amend the law relating to patents, trademarks and copy- 
rights. 

Be it enacted, etc., That hereafter, during the term of letters 
patent for a design, it shall be unlawful for any person other 
than the owner of said letters patent, without the license of 
such owner, to apply the design secured by such letters patent, 
or any colorable imitation thereof, to any article of manufacture 
for the purpose of sale, or to sell or expose for sale any article 
of manufacture to which such design or colorable imitation 
shall, without the license of the owner, have been applied,^ 
knowing that the same has been so applied. Any person vio- 
lating the provisions, or either of them, of this section, shall 
be liable in the amount of two hundred and fifty dollars; and 
in case the total profit made by him from the manufacture or 
sale, as aforesaid, of the article or articles to which the design^ 
or colorable imitation thereof, has been applied, exceeds the sum 
of two hundred and fifty dollars, he shall be further liable for 
the excess of such profit over and above the sum of two hun- 
dred and fifty dollars; and the full amount of such liability 
may be recovered by the owner of the letters patent, to his own- 
use, in any circuit court of the United States having jurisdic- 
tion of the parties, either by action at law or upon a bill in 
equity for an injunction to restrain such infringement. 

Sec. 2. That nothing in this act contained shall prevent, 
lessen, impeach, or avoid any remedy at law or in equity which 
any owner of letters patent for a design, aggrieved by the 
infringement of the same, might have had if this act had not 
been passed; but such owner shall not twice recover the profit 
made from the infringement. 

Profit meant is total profit. — Untermeyer v. Freund, 58 F. R., 205; 65 O. G., 
1767. 



484 United States of America 

FEES. 

Sec. 4934. The following shall be the rates for patent fees: 

On filing each original application for a patent, except in 
design cases, fifteen dollars. 

On issuing each original patent, except in design cases, twenty 
dollars. 

In design cases: For three years and six months, ten dol- 
lars; for seven years, fifteen dollars; for fourteen years, thirty 
dollars. 

On filing each caveat, ten dollars. 

On every application for the reissue of a patent, thirty dol- 
lars. 

On filing each disclaimer, ten dollars. 

On an appeal for the first time from the primary examiners 
to the examiners-in-chief, ten dollars. 

On every appeal from the examiners-in-chief to the Com- 
missioner, twenty dollars. 

For certified copies of patents and other papers, including 
certified printed copies, ten cents per hundred words. 

For recording every assignment, agreement, power of attor- 
ney, or other paper, of three hundred words or under, one dol- 
lar; of over three hundred and under one thousand words, 
two dollars; of over one thousand words, three dollars. 

Certified copies of such drawings and specifications may be 
furnished by the Commissioner of Patents to persons applying 
therefor upon payment of the present rates for uncertified 
copies, and twenty-five cents additional for each certification. 

For copies of drawings, the reasonable cost of making them. 

Sec. 4935. Patent fees may be paid to the Commissioner of 
Patents, or to the Treasurer, or any of the assistant treasurers 
of the United States, or to any of the designated depositaries, 
national banks, or receivers of public money, designated by 
the Secretary of the Treasury for that purpose; and such offi- 
cer shall give the depositor a receipt or certificate of deposit 
therefor. All money received at the Patent Office, for any 
purpose, or from any source w^hatever, shall be paid into the 
Treasury as received, without any deduction whatever. 

Sec. 4936. The Treasurer of the United States is authorized 



United States of America 485 

to pay back any sum or sums of money to any person who has 
through mistake paid the same into the Treasury, or to any 
receiver or depositary, to the credit of the Treasury, as for fees 
accruing at the Patent Office, upon a certificate thereof being 
made to the Treasurer by the Commissioner of Patents. 

PATENT RIGHTS VEST IN ASSIGNEE IN BANKRUPTCY. 

Sec. 5046. All property conveyed by the bankrupt in fraud 
of his creditors; all rights in equity, choses in action, patent- 
rights, and copyrights; all debts due him, or any person for 
his use, and all liens and securities therefor; and all his rights 
of action for property or estate, real or personal, and for any 
cause of action which he had against any person arising from 
contract or from the unlawful taking or detention, or injury 
to the property of the bankrupt; and all his rights of redeem- 
ing such property or estate; together with the like right, title, 
power, and authority to sell, manage, dispose of, sue for, and 
recover or defend the same, as the bankrupt might have had if 
no assignment had been made, shall, in virtue of the adjudi- 
cation of bankruptcy and the appointment of his assignee, but 
subject to the exceptions stated in the preceding section, be at 
once vested is [in] such assignee. 

Sec. 70. Title to Property. The trustee of the estate of 
a bankrupt, upon his appointment and qualification, and his 
successor or successors, if he shall have one or more, upon his 
or their appointment and qualification, shall in turn be vested 
by operation of law with the title of the bankrupt, as of the 
date he was adjudged a bankrupt, except in so far as it is to 
property which is exempt, to all (1) documents relating to his 
property; (2) interests in patents, patent rights, copyrights, 
and trade-marks. 



486 United States of America 

United States Statutes 
concerning the 
REGISTRATION OF TRADE-MARKS, 

WITH THE 

Rules op the Patent Office Relating Thereto. 



Revised August 1, 1906. 



AN act to authorize the registration of trade-marks used in commerce with for- 
eign nations or among the several States or with Indian tribes, and to protect 
the same. 

Be it enacted hy the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
owner of a trade-mark used in commerce with foreign nations, 
or among the several States, or with Indian tribes, provided 
such owner shall be domiciled within the territory of the 
United States, or resides in or is located in any foreign country 
which, by treaty, convention, or law, affords similar privileges 
to the citizens of the United States, may obtain registration 
for such trade-mark by complying with the following require- 
ments: First, by filing in the Patent Office an application 
therefor, in writing, addressed to the Commissioner of Patents, 
signed by the applicant, specifying his name, domicile, loca- 
tion, and citizenship ; the class of merchandise and the par- 
ticular description of goods comprised in such class to which 
the trade-mark is appropriated; a description of the trade-mark 

[Act of May 4, 1906.] 

itself, only tvhen needed to express colors not shoiun in the 
drawing, and a statement of the mode in which the same is 
applied and affixed to goods, and the length of time during 
which the trade-mark has been used. With this statement shall 
be filed a drawing of the trade-mark, signed by the applicant, 
or his attorney, and such number of specimens of the trade- 
mark, as actually used, as may be required by the Commis- 
sioner of Patents. Second, by paying into the Treasury of the 
United States the sum of ten dollars, and otherwise complying 



United States of America 487 

with the requirements of this Act and such regulations as may 
be prescribed by the Commissioner of Patents. 

Sec. 2. That the application prescribed in the foregoing 
section, in order to create any right whatever in favor of the 
party filing it, must be accompanied by a written declaration 
verified by the applicant, or by a member of the firm or an 
officer of the corporation or association applying, to the effect 
that the applicant believes himself or the firm, corporation, or 
association in whose behalf he makes the application to be the 
owner of the trade-mark sought to be registered, and that no 
other person, firm, corporation, or association, to the best of 
the applicant's knowledge and belief, has the right to such use, 
either in the identical form or in such near resemblance thereto 
as might be calculated to deceive; that such trade-mark is used 
in commerce among the several States, or with foreign nations, 
or with Indian tribes, and that the description and drawing 
presented truly represent the trade-mark sought to be regis- 
tered. If the applicant resides or is located in a foreign coun- 
try, the statement required shall, in addition to the foregoing, 
set forth that the trade-mark has been registered by the appli- 
cant, or that an application for the registration thereof has 
been filed by him in the foreign country in which he resides or 
is located, and shall give the date of such registration, or the 
application therefor, as the case may be, except that in the 
application in such cases it shall not be necessary to state 
that the mark has been used in commerce with the United 
States or among the States thereof. The verification required 
by this section may be made before any person within the 
United States authorized by law to administer oaths, or, when 
the applicant resides in a foreign country, before any minister, 
charge d'affaires, consul, or commercial agent holding com- 
mission under the Government of the United States, or before 
any notary public, judge, or magistrate having an official seal 
and authorized to administer oaths in the foreign country in 
which the applicant may be whose authority shall be proved 
by a certificate of a diplomatic or consular officer of the 
United States. 

Sec. 3. That every applicant for registration of a trade- 
mark, or for renewal of registration of a trade-mark, who is not 
domiciled within the United States, shall, before the issuance 



488 United States of America 

of the certificate of registration, as hereinafter provided for, 
designate, by a notice in writing, filed in the Patent Office, 
some person residing within the United States on whom process 
or notice of proceedings affecting the right of ownership o*f 
the trade-mark of which such applicant may claim to be the 
owner, brought under the provisions of this Act or under other 
laws of the United States, may be served, with the same force 
and effect as if served upon the applicant or registrant in 
person. For the purposes of this Act it shall be deemed suffi- 
cient to serve such notice upon such applicant, registrant, or 
representative by leaving a copy of such process or notice 
addressed to him at the last address of which the Commis- 
sioner of Patents has been notified. 

Sec. 4. That an application for registration of a trade- 
mark filed in this country by any person who has previously 
regularly filed in any foreign country which, by treaty, con- 
vention, or law, affords similar privileges to citizens of the 
United States, an application for registration of the same trade- 
mark shall be accorded the same force and effect as would be 
accorded to the same application if filed in this country on the 
date on which application for registration of the same trade- 
mark was first filed in such foreign country: Provided, That 
such application is filed in this country within four. months 
from the date on Avhich the application was first filed in such 
foreign country: And p^^ovided, That certificate of registra- 
tion shall not be issued for any mark for registration of which 
application has been filed by an applicant located in a foreign 
country until such mark has been actually registered by the 
applicant in the country in which he is located. 

Sec. 5. That no mark by which the goods of the owner of 
the mark may be distinguished^ from other goods of the same 
class shall be refused registration as a trade-mark on account 
of the nature of such mark unless such mark — 

(a) Consists of or comprises immoral or scandalous matter; 

(b) Consists of or composes the flag or coat of arms or other 
insignia of the United States, or any simulation thereof, or of 
any State or municipality, or of any foreign nation : Provided, 
That trade-marks which are identical with a registered or 
known trade-mark owned and in use by another, and appro- 
priated to merchandise of the same descriptive properties, or 



United States of America 489 

which so nearly resemble a registered or known trade-mark 
owned and in use by another, and appropriated to merchandise 
of the same descriptive properties, as to be likely to cause 
confusion or mistake in the mind of the public, or to deceive 
purchasers, shall not be registered: Provided, That no mark 
which consists merel}^ in the name of an individual, firm, cor- 
poration, or association, not Avritten, printed, impressed, or 
woven in some particular or distinctive manner or in association 
with a portrait of the individual, or merely in words or devices 
which are descriptive of the goods with which they are used, 
or of the character or quality of such goods, or merely a 
geographical name or term, shall be registered under the terms 
of this Act: Provided further, That no portrait of a living 
individual may be registered as a trade mark, except by the 
consent of such individual, evidenced by an instrument in 
writing: And provided further, That nothing herein shall 
prevent the registration of any mark used by the applicant or 
his predecessors, or by those from whom title to the mark is 
derived, in commerce with foreign nations or among the several 
States, or with Indian tribes, which was in actual and exclusive 
use as a trade-mark of the applicant or his predecessors from 
whom he derived title for ten years next preceding the passage 
of this act. 

Sec. 6. That on the filing of an application for registration 
of a trade-mark which complies with the requirements of this 
Act, and the pajnnent of the fees herein provided for, the Com- 
missioner of Patents shall cause an examination thereof to be 
made; and if on such examination it shall appear that the 
applicant is entitled to have his trade-mark registered under 
the provisions of this Act, the Commissioner shall cause the 
mark to be published at least once in the Official Gazette of the 
Patent Office. Any person who believes he would be damaged 
by the registration of a mark may oppose the same by filing 
notice of opposition, stating the grounds therefor, in the Patent 
Office within thirty days after the publication of the mark 
sought to be registered, which said notice of opposition shall be 
verified by the person filing the same before one of the officers 
mentioned in section two of this Act. If no notice of opposition 
is filed Avithin said time the Commissioner shall issue a certifi- 
cate of registration therefor, as hereinafter provided for. If 



490 United States of America 

on examination an application is refused, the Commissioner 
shall notify the applicant, giving him his reasons therefor. 

Sec. 7. That in all cases where notice of opposition has been 
filed the Conunissioner of Patents shall notify the applicant 
thereof and the grounds therefor. 

Whenever application is made for the registration of a trade- 
mark which is substantially identical with a trade-mark appro-. 
priated to goods of the same descriptive properties, for which 
a certificate of registration has been previously issued to an-, 
other, or for registration of which another has previously made, 
application, or which so nearly resembles such trade-mark, or 
a known trade-mark owned and used by another, as, in the 
opinion of the Commissioner, to be likely to be mistaken there- 
for by the public, he may declare that an interference exists 
as to such trade-mark, and in every case of interference or 
opposition to registration he shall direct the examiner in charge 
of interferences to determine the question of the right of regis-, 
tration to such trade-mark, and of the sufficiency of objections 
to registration, in such manner and upon such notice to those 
interested as the Commissioner may by rules prescribe. 

The Commissioner may refuse to register the mark against 
the registration of which objection is filed, or may refuse to 
register both of two interfering marks, or may register the 
mark, as a trade-mark, for the person first to adopt and use 
the mark, if otherwise entitled to register the same, unless an 
appeal is taken, as hereinafter provided for, from his decision, 
by a party interested in the proceeding, within such time (not 
less than twenty days) as the Commissioner may prescribe. 

Sec. 8. That every applicant for the registration of a trade- 
mark, or for the renewal of the registration of a trade-mark, 
which application is refused, or a party to an interference 
against whom a decision has been rendered, or a party who has 
filed notice of opposition, as to a trade-mark, may appeal from 
the decision of the examiner in charge of trade-marks, or the 
examiner in charge of interferences, as the case may be, to the 
Commissioner in person, having once paid the fee for such 
appeal. 

Sec. 9. That if an applicant for registration of a trade-mark, 
or a party to an interference as to a trade-mark, or a party 
who has filed opposition to the registration of a trade-mark, or 



United States of America 491 

party to an application for the cancellation of the registration 
of a trade-mark, is dissatisfied with the decision of the Commis- 
sioner of Patents, he may appeal to the court of appeals of the 
District of Columbia, on complying with the conditions required 
in case of an appeal from the decision of the Commissioner by 
an applicant for patent, or a party to an interference as to 
an invention, and the same rules of practice and procedure shall 
govern in every stage of such proceedings, as far as the same 
may be applicable. 

Sec. 10. That every registered trade-mark, and every mark 
for the registration of which application has been made, to- 
gether with the application for registration of the same, shall 
be assignable in connection with the good will of the business 
in which the mark is used. Such assignment must be by an 
instrument in writing and duly acknowledged according to the 
laws of the country or State in Avhich the same is executed; 
any such assignment shall be void as against any subsequent 
purchaser for a valuable consideration, without notice, unless 
it is recorded in the Patent Office within three months from 
date thereof. The Commissioner shall keep a record of such 
assignments. 

Sec. 11. That certificates of registration of trade-marks 
shall be issued in the name of the United States of America, 
under the seal of the Patent Office, and shall be signed by the 
Commissioner of Patents, and a record thereof, together with 
printed copies of the drawing and statement of the applicant, 
shall be kept in books for that purpose. The certificate shall 
state the date on which the application for registration was 
received in the Patent Office. Certificates of registration of 
trade-marks may be issued to the assignee of the applicant, but 
the assignment must first be entered of record in the Patent 
Office. 

Written or printed copies of any records, books, papers, or 
drawings relating to trade-marks belonging to the Patent 
Office, and of certificates of registration, authenticated by the 
seal of the Patent Office and certified by the Commissioner 
thereof, shall be evidence in all cases wherein the originals 
could be evidence; and any person making application therefor 
and paying the fee required by law shall have certified copies 
thereof. 



492 United States of America 

Sec. 12. That a certificate of registration shall remain in 
force for twenty years, except that in the case of trade-marks 
previously registered in a foreign country such certificates shall 
cease to be in force on the day on which the trade-mark ceases 
to be protected in such foreign country, and shall in no case 
remain in force more than twenty years, unless renewed. Cer- 
tificates of registration may be from time to time renewed for 
like periods on payment of the renewal fees required by this 
Act, upon request by the registrant, his legal representatives, 
or transferees of record in the Patent Office, and such request 
may be made at any time not more than six months prior to 
the expiration of the period for which the certificates of regis- 
tration were issued or renewed. Certificates of registration in 
force at the date at which this Act takes effect shall remain in 
force for the period for which they were issued, but shall be 
renewable on the same conditions and for the same periods as 
certificates issued under the provisions of this Act, and when 
so renewed shall have the same force and effect as certificates 
issued under this Act. 

Sec. 13. That whenever any person shall deem himself in- 
jured by the registration of a trade-mark in the Patent Office 
he may at any time apply to the Commissioner of Patents to 
cancel the registration thereof. The Commissioner shall refer 
such application to the examiner in charge of interferences, 
who is empowered to hear and determine this question and who 
shall give notice thereof to the registrant. If it appear after 
a hearing before the examiner that the registrant was not 
entitled to the use of the mark at the date of his application 
for registration thereof, or that the mark is not used by the 
registrant, or has been abandoned, and the examiner shall so 
decide, the Commissioner shall cancel the registration. Appeal 
may be taken to the Commissioner in person from the decision 
of examiner of interferences. 

Sec. 14. That the following shall be the rates for trade-mark 
fees: 

On filing each original application for registration of a trade- 
mark, ten dollars : Provided, That an application for registration 
of a trade-mark pending at the date of the passage of this Act, 
and on which certificate of registration shall not have issued 
at such date, may, at the option of the applicant, be proceeded 



United States of America 493 

with and registered under the provisions of this Act without 
the payment of further fee. 

On filing each application for renewal of the registration of 
a trade-mark, ten dollars. 

On filing notice of opposition to the registration of a trade- 
mark, ten dollars. 

On an appeal from the examiner in charge of trade-marks 
to the Commissioner of Patents, fifteen dollars. 

On an appeal from the decision of the examiner in charge 
of interferences, awarding ownership of a trade-mark or cancel- 
ing the registration of a trade-mark, to the Commissioner of 
Patents, fifteen dollars. 

For certified and uncertified copies of certificates of registra- 
tion and other papers, and for recording transfers and other 
papers, the same fees as required by law for such copies of 
patents and for recording assignments and other papers re- 
lating to patents. 

Sec. 15. That sections forty-nine hundred and thirty-five and 
forty-nine hundred and thirty-six of the Revised Statutes, re- 
lating to the payment of patent fees and to the repayment of 
fees paid by mistake, are hereby made applicable to trade-mark 
fees. 

Sec. 16. That the registration of a trade-mark under the pro- 
visions of this Act shall be prima facie evidence of ownership. 
Any person who shall, without the consent of the owner thereof, 
reproduce, counterfeit, copy, or color ably imitate any such trade- 
mark and affix the same to merchandise of substantially the 
same descriptive properties as those set forth in the registration, 
or to labels, signs, prints, packages, wrappers, or receptacles 
intended to be used upon or in connection with the sale of 
merchandise of substantially the same descriptive properties 
as those set forth in such registration, and shall use, or shall 
have used, such reproduction, counterfeit, copy, or colorable 
imitation in commerce among the several States, or with a 
foreign nation, or with the Indian tribes, shall be liable to an 
action for damages therefor at the suit of the owner thereof; 
and whenever in any such action a verdict is rendered for the 
plaintiff, the court may enter judgment therein for any sum 
above the amount found by the verdict as the actual damages. 



494 United States of America 

according to the circumstances of the case, not exceeding three 
times the amount of such verdict, together with the costs. 

Sec. 17. That the circuit and territorial courts of the United 
States and the supreme court of the District of Columbia shall 
have original jurisdiction, and the circuit courts of appeal of 
the United States and the court of appeals of the District of 
Columbia shall have appellate jurisdiction of all suits at law 
or in equity respecting trade-marks registered in accordance 
with the provisions of this Act, arising under the present Act, 
vvdthout regard to the amount in controversy. 

Sec. 18. That writs of certiorari may be granted by the 
Supreme Court of the United States for the review of cases 
arising under this Act in the same manner as provided for 
patent cases by the Act creating the circuit court of appeals. 

Sec. 19. That the several courts vested with jurisdiction of 
cases arising under the present Act shall have power to grant 
injunctions, according to the course and principles of equity, 
to prevent the violation of any right of the owner of a trade- 
mark registered under this Act, on such terms as the court 
may deem reasonable ; and upon a decree being rendered in any 
such case for wrongful use of a trade-mark the complainant 
shall be entitled to recover, in addition to the profits to be ac- 
counted for by the defendant, the damages the complainant 
has sustained thereby, and the court shall assess the same or 
cause the same to be assessed under its direction. The court 
shall have the same power to increase such damages, in its dis- 
cretion, as is given by section sixteen of this Act for increasing 
damages found by verdict in actions of law; and in assessing 
profits the plaintiff shall be required to prove defendant's sales 
only; defendant must prove all elements of cost which are 
claimed. 

Sec. 20. That in any case involving the right to a trade-mark 
registered in accordance with the provisions of this Act, in 
which the verdict has been found for the plaintiff, or an in- 
junction issued, the court may order that all labels, signs, 
prints, packages, wrappers, or receptacles in the possession of 
the defendant, bearing the trade-mark of the plaintiff or com- 
plainant, or any reproduction, counterfeit, copy, or colorable 
imitation thereof, shall be delivered up and destroyed. Any 
injunction that may be granted upon hearing, after notice to 



UxiTED States of America 495 

the defendant, to prevent the violation of any right of the owner 
bf a trade-mark registered in accordance with the provisions of 
"this Act, by any circuit court of the United States, or by a 
judge thereof, may be served on the parties against whom such 
injunction may be granted 'anyAvhere in the United States where 
they may be found, and shall be operative, and may be enforced 
by proceedings to punish for contempt, or otherwise, by the 
court by which such injunction was granted, or by any other 
circuit court, or judge thereof, in the United States, or by the 
supreme court of the District of Columbia, or a judge there- 
of. The said courts, or judges thereof, shall have jurisdiction 
to enforce said injunction, as herein provided, as fully as if 
the injunction had been granted by the circuit court in which 
it is sought to be enforced. The clerk of the court or judge 
granting the injunction shall, when required to do so by 
the court before which application to enforce said injunction 
is made, transfer without delay to said court a certified copy 
of all the papers on which the said injunction was granted that 
are on file in his office. 

Sec. 21. That no action or suit shall be maintained under the 
provisions of this Act in any case when the trade-mark is used 
in unlawful business, or upon any article injurious in itself, or 
which mark has been used with the design of deceiving the 
public in the purchase of merchandise, or has been abandoned, 
or upon any certificate of registration fraudulently obtained. 

Sec. 22. That whenever there are interfering registered trade- 
marks, any person interested in any one of them may have relief 
against the interfering registrant, and all persons interested 
tinder him, by suit in equity against the said registrant; and 
the court, on notice to adverse parties and other due proceedings 
had according to the course of equity, may adjudge and declare 
either of the registrations void in whole or in part according 
to the interest of the parties in the trade-mark, and may order 
the certificate of registration to be delivered up to the Commis- 
sioner of Patents for cancellation. 

Sec. 23. That nothing in this Act shall prevent, lessen, im- 
peach, or avoid any remedy at law or in equity which any 
party aggrieved by any wrongful use of any trade-mark might 
have had if the provisions of this Act had not been passed. 

Sec. 24. That all applications for registration pending in the 



496 United States of America 

office of the Commissioner of Patents at the time of the passage 
of this Act may be amended with a view to bringing them, and 
the certificate issued upon such applications, under its pro- 
visions, and the prosecution of such applications may be pro- 
ceeded with under the provisions of this Act. 

Sec. 25. That any person who shall procure registration of 
a trade-mark, or entry thereof, in the office of the Commissioner 
of Patents by a false or fraudulent declaration or representa- 
tion, oral or in writing, or by any false means, shall be liable 
to pay any damages sustained in consequence thereof to the in- 
jured party, to be recovered by an action on the case. 

Sec. 26. That the Commissioner of Patents is authorized to 
make rules and regulations, not inconsistent with law, for the 
conduct of proceedings in reference to the registration of trade- 
marks provided for by this Act. 

Sec. 27. That no article of imported merchandise which shall 
copy or simulate the name of any domestic manufacture, or 
manufacturer or trader, or of any manufacturer or trader lo- 
cated in any foreign countr}^ which, by treaty, convention, or law 
affords similar privileges to citizens of the United States, or 
which shall copy or simulate a trade-mark registered in accord- 
ance with the provisions of this Act, or shall bear a name or 
mark calculated to induce the public to believe that the article 
is manufactured in the United States, or that it is manufactured 
in any foreign country or locality other than the country or 
locality in which it is in fact manufactured, shall be admitted 
to entry at any custom-house of the United States ; and, in order 
to aid the officers of the customs in enforcing this prohibition, 
any domestic manufacturer or trader, and any foreign manufac- 
turer or trader, who is entitled under the provisions of a treaty, 
convention, declaration, or agreement between the United States 
and any foreign country to the advantages afforded by law to 
citizens of the United States in respect to trade-marks and com- 
mercial names, may require his name and residence, and the 
name of the locality in which his goods are manufactured, and a 
copy of the certificate of registration of his trade-mark, issued in 
accordance with the provisions of this Act, to be recorded in 
books which shall be kept for this purpose in the Department of 
the Treasury, under such regulations as the Secretary of the 
Treasury shall prescribe, and may furnish to the Department 



United States of America 497 

facsimiles of his name, the name of the locality in which his 
goods are manufactured, or of his registered trade-mark; and 
thereupon the Secretary of the Treasury shall cause one or more 
copies of the same to be transmitted to each collector or other 
proper officer of customs. 

Sec. 28. That it shall be the duty of the registrant to give 
notice to the public that a trade-mark is registered, either by 
affixing thereon the words "Registered in U. S. Patent Office," 
or abbreviated thus, "Reg. U. S. Pat. Off.," or when, from the 
character or size of the trade-mark, or from its manner of attach- 
ment to the article to which it is appropriated, this can not be 
done, then by affixing a label containing a like notice to the 
package or receptacle wherein the article or articles are inclosed ; 
and in any suit for infringement by a party failing so to give 
notice of registration no damages shall be recovered, except on 
proof that the defendant was duly notified of infringement, 
and continued the same after such notice. 

Sec. 29. That in construing this Act the following rules must 
be observed, except where the contrary intent is plainly apparent 
from the context thereof : The United States includes and em- 
braces all territory which is under the jurisdiction and control 
of the United States. The word ' ' States ' ' includes and embraces 
the District of Columbia, the Territories of the United States, 
and such other territory as shall be under the jurisdiction and 
control of the United States. The terms "person" and ' ' OA\rQer, ' ' 
and any other word or term used to designate the applicant or 
other entitled to a benefit or privilege or rendered liable under 
the provisions of this Act, include a firm, corporation, or associa- 
tion as well as a natural person. The term "applicant" and 
"registrant" embrace the successors and assigns of such appli- 
cant or registrant. The term "trade-mark" includes any mark 
which is entitled to registration under the terms of this Act, and 
whether registered or not, and a trade-mark shall be deemed to 
be "affi.xed" to an article when it is placed in any manner in 
or upon either the article itself or the receptacle or package or 
upon the envelope or other thing in, by, or with which the goods 
are packed or inclosed or otherwise prepared for sale or distribu- 
tion. 

Sec. 30. That this Act shall be in force and take effect April 
first, nineteen hundred and five. All Acts and parts of Acts in- 



498 United States of America 

consistent with this Act are hereby repealed except so far as the 
same msLj apply to certificates of registration issued under the 
Act of Congress approved March third, eighteen hundred and 
eighty-one, entitled "An Act to authorize the registration of 
trade-marks and protect the same," or under the Act approved 
August fifth, eighteen hundred and eighty-two, entitled, ''An 
Act relating to the registration of trade-marks. ' ' 
Approved, February 20, 1905. 

An Act To amend the laws of the United States relating to the registra- 
tion of trade-marks. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That section 
one of the Act entitled "An Act to authorize the registration 
of trade-marks used in commerce with foreign nations or among 
the several States or with Indian tribes, and to protect the 
same," approved February twentieth, nineteen hundred and 
five, be, and is hereby, amended by inserting after the words 
"description of the trade-mark itself" the words "only when 
needed to express colors not shown in the drawing," so that 
the section, as amended, shall read as follows: 

"That the owner of a trade-mark used in commerce with 
foreign nations, or among the several States, or with Indian 
tribes, provided such owner shall be domiciled within the ter- 
ritory of the United States or resides in or is located in any 
foreign country which, by treaty, convention, or law, affords 
similar privileges to the citizens of the United States, may ob- 
tain registration for such trade-mark by complying with the 
following requirements: First, by filing in the Patent Office 
an application therefor, in writing, addressed to the Commis- 
sioner of Patents, signed by the applicant, specifying his 
name, domicile, location, and citizenship ; the class of mer- 
chandise and the particular description of goods comprised in 
such class to which the trade-mark is appropriated; a descrip- 
tion of the trade-mark itself, only when needed to express 
colors not shown in the drawing, and a statement of the mode 
in which the same is applied and affixed to goods, and the 
length of time during which the trade-mark has been used. 
With this statement shall be filed a drawing of the trade-mark, 
signed by the applicant, or his attorney, and such number of 
specimens of the trade-mark as actually used as may be re- 



^Jnited States of Ameri€A 499 

quired by the Commissioner of Patents. Second, by paying 
into the Treasury of the United States the sum of ten dollars, 
and otherwise complying- with the requirements of this Act and 
such regulations as may be prescribed by the Commissioner of 
Patents." 

Sec. 2. That the Commissioner of Patents shall establish 
classes of merchandise for the purpose of trade-mark registra- 
tion, and shall determine the particular descriptions of goods 
comprised in each class. On a single application for registra- 
tion of a trade-mark the trade-mark may be registered at the 
option of the applicant for any or all goods upon which the 
mark has actually been used comprised in a single class of 
merchandise, provided the particular descriptions of goods 
be stated. 

Sec. 3. That any owner of a trade-mark who shall have 
a manufacturing establishment within the territory of the 
United States shall be accorded, so far as the registration and 
protection of trade-marks used on the products of such estab- 
lishment are concerned, the same rights and privileges that are 
accorded to owners of trade-marks domiciled within the terri- 
tory of the United States by the Act entitled "An Act to au- 
thorize the registration of trade-marks used in commerce with 
foreign nations or among the several States or with Indian tribes, 
and to protect the same," approved February twentieth, nine- 
teen hundred and five. 

Sec. 4. That this Act shall take effect July first, nineteen 
hundred and six. 

Approved, May 4, 1906. 

EULES GOVERNING THE REGISTRATION OF TRADE- 
MARKS UNDER THE ACT APPROVED FEBRUARY 20, 
1905, TO TAKE EFFECT APRIL 1, 1905, AND UNDER 
THE ACT APPROVED MAY 4, 1906, TO TAKE EFFECT 
JULY 1, 1906. 



United States Patent Office, 
Washington, D. C, August 1, 1906. 
The following rules, designed to be in strict accordance with 
the provisions of the acts approved February 20, 1905, and 



500 United States oe America 

May 4, 1906, for the registration of trade-marks, are published 
for gratuitous distribution. 

Applicants for registration and their attorneys are advised 
that their business will be facilitated by the observance of the 
forms on pages 35 to 42. 

Frederick I. Allen, 

C oyyimissioner of Patents. 

correspondence. 

1. All business with the Office should be transacted in writ- 
ing. Unless by the consent of all parties, the action of the 
Office will be based exclusively on the written record. No at- 
tention will be paid to any alleged oral promise, stipulation, 
or understanding in relation to which there is disagreement or 
doubt. 

2. Applicants and attorneys will be required to conduct 
their business with the Office with decorum and courtesy. 
Papers presented in violation of this requirement will be re- 
turned; but all such papers will first be submitted to the Com- 
missioner, and onl}^ be returned by his direct order. 

3. All letters should be addressed to ''The Commissioner 
of Patents;" and all remittances by money order, check, or 
draft should be to his order. 

4. A separate letter should, in every case, be written in 
relation to each distinct subject of inquiry or application. 
Complaints against the examiner in charge of trade-marks, as- 
signments for record, fees, and orders for copies or abstracts 
must be sent to the Office in separate letters. 

5. Letters relating to pending applications should refer to 
the name of the applicant, the serial number of the applica- 
tion, and the date of filing. Letters relating to registered 
trade-marks should refer to the name of the registrant, the 
number and date of the certificate, and the merchandise to 
which the trade-mark is applied. 

6. The personal attendance of applicants at the Patent 
Office is unnecessary. Their business can be transacted by cor- 
respondence. 

7. When an attorney shall have filed his power of attor- 
ney duly executed, the correspondence will be held with him. 



United States of America 501 

8. A double correspondence with an applicant and his at- 
torney, or with two attorneys, cannot, generally, be allowed. 

9. The Office cannot undertake to respond to inquiries pro- 
pounded with a view to ascertain whether certain trade-marks 
have been registered, or, if so, to whom, or for what goods; 
nor can it give advice as to the nature and extent of the pro- 
tection afforded by the law, or act as its expounder, except as 
questions may arise upon applications regularly filed. 

10. Express, freight, postage, and all other charges on mat- 
ter sent to the Patent Office must be prepaid in full; other- 
wise it will not be received. 

ATTORNEYS. 

11. An applicant or an assignee of the entire interest may 
prosecute his own case, but he is advised, unless familiar with 
such matters, to employ a competent attorney. The Office 
cannot aid in the selection of any attorney. 

A register of attorneys is kept in this Office, on which will 
be entered the names of all persons entitled to represent appli- 
cants before the Patent Office. The names of persons in the 
following classes will, upon their written request, be entered on 
this register : 

(a) Any attorney at law who is in good standing in any 
court of record in the United States or any of the States or 
Territories thereof and who shall furnish a certificate of the 
clerk of such United States, State, or Territorial court, duly 
authenticated under the seal of the court, that he is an attorney 
in good standing. 

(&) Any person who has been regularly recognized as an 
attorney or agent to represent claimants before the Depart- 
ment of the Interior, or any bureau thereof, and is in good 
standing, provided that such person shall furnish a statement 
of the date of his admission to practice as such attorney or 
agent, and shall further show, if required by the Commissioner, 
that he is possessed of the necessary qualifications to render 
applicants valuable service, and is otherwise competent to 
advise and assist them in the presentation and prosecution of 
their applications before the Patent Office. 

(c) Any person, not an attorney at law, who shall file a 
certificate from a judge of a United States, State, or Terri- 



502 United States of America 

torial court, duly authenticated under the seal of the court, 
that such person is of good moral character and of good repute 
and possessed of the necessary qualifications to enable him to 
render applicants valuable service, and is otherwise competent 
to advise and assist them in the presentation and prosecution 
of their applications before the Patent Office. 

id) Any firm, not entitled to registration under the pre- 
ceding sections, which shall show that the individuals compos- 
ing the firm are each and all recognized as patent attorneys 
or agents, or are each and all entitled to be so recognized under 
the preceding sections of this rule. 

The Commissioner may demand additional proof of qualifi- 
cations, and reserves the right to decline to recognize any at- 
torney, agent, or other person applying for registration under 
this rule. 

Any person or firm, not registered and not entitled to be 
recognized under this rule as an attorney or agent to represent 
applicants generally, may, upon a showing of circumstances 
which render it necessary or justifiable, be recognized by the 
Commissioner to prosecute as attorney or agent any certain 
specified application or applications, but this limited recogni- 
tion shall not extend further than the application or applica- 
tions named. 

No person, not registered as above provided, will be per- 
mitted to prosecute, as attorney, applications before the Patent 
Office. 

12. Before any attorney, original or associate, will be al- 
lowed to inspect papers or take action of any kind, his power of 
attorney must be filed. General powers given by a principal to 
an associate cannot be considered. In each application, the 
written authorization must be filed. A power of attorney pur- 
porting to have been given to a firm or copartnership will not 
be recognized, either in favor of the firm or of any of its mem- 
bers, unless all its members shall be named in such power of 
attorney. 

13. Substitution or association may be made by an attor- 
ney upon the written authorization of his principal; but such 
authorization will not empower the second attorney to appoint 
a third. 

14. Powers of attorney may be revoked at any stage in the 



United States of America 503 

proceedings of a case upon application to and approval by 
the Commissioner; and, Avhen so revoked, the Office will com- 
municate directly with the applicant, or such other attorney 
as he may appoint. An attorney will be promptly notified, by 
the docket clerk, of the revocation of his power of attorney. 

15. For gross misconduct, the Commissioner may refuse to 
recognize any person as an attorney, either generally or in any 
particular case ; but the reasons for such refusal will be duly 
recorded and be subject to the approval of the Secretary of the 
Interior. 

WHO MAY REGISTER A TRADE-MARK. 

16. A trade-mark may be registered by any person, firm, 
corporation, or association domiciled within the territory of the 
United States, or residing in or located in any foreign country 
which, by treaty, convention, or law, affords similar privileges 
to the citizens of the United States, and who is entitled to the 
use of any trade-mark and uses the same in commerce w^ith for- 
eign nations, or among the several States, or with Indian tribes, 
upon payment of the fee required by law and other due pro- 
ceedings had. (See rules 17 and 20.) 

17. Except as provided by section 3 of the act of May 4, 
1906, no trade-mark will be registered to an applicant residing 
or located in a foreign country unless such country, by treaty, 
convention, or law, affords similar privileges to the citi- 
zens of the United States, nor unless the trade-mark has been 
registered by the applicant in the foreign country in which 
he resides or is located, nor until such applicant has filed in 
this Office a certified copy of the certificate of registration of 
his trade-mark in the country where he resides or is located. 
In such cases, it is not necessary to state, in the application, 
that the trade-mark has been used in commerce with the United 
States or among the several States thereof. 

18. The owner of a trade-mark, residing or located in a 
foreign country and who shall have a manufacturing estab- 
lishment within the territory of the United States, may register 
a trade-mark used on the products of such establishment upon 
complying with the provisions of the act of February 20, 1905, 
as prescribed for owners of trade-marks domiciled within the 
territorv of the United States. 



504 United States of America 

what may be registered as a trade-mark. 

19, No trade-mark will be registered to an owner domiciled 
within the territory of the United States unless it shall be made 
to appear that the same is used as such by said owner in 
commerce among the several States, or between the United 
States and some foreign nation or Indian tribe; no 
trade-mark, except as provided by section 3 of the act 
of May 4, 1906, will be registered to an owner re- 
siding in or located in a foreign country unless said country, 
by treaty, convention, or law, affords similar privileges to the 
citizens of the United States: no trade-mark will be registered 
which consists of or comprises immoral or scandalous matter, 
or which consists of or comprises the flag or coat of arms or 
other insignia of the United States, or any simulation thereof, 
or of any State or municipality, or of any foreign nation, or 
which is identical with a registered or known trade-mark 
owned and in use by another, and appropriated to merchandise 
of the same descriptive properties, or which so nearly resem- 
bles a registered or known trade-mark owned and in use by 
another, and appropriated to merchandise of the same de- 
scriptive properties, as to be likely to cause confusion or mis- 
take in the mind of the public, or to deceive purchasers; or 
which consists merely in the name of an individual, firm, cor- 
poration, or association, not written, printed, impressed, or 
woven in some particular or distinctive manner or in associa- 
tion with a portrait of the individual, or merely in words or 
devices which are descriptive of the goods with which they 
are used, or of the character or quality of such goods, or mere- 
ly a geographical name or term : no portrait of a living individ- 
ual will be registered as a trade-mark, except by the consent 
of such individual, evidenced by an instrument in writing: 
and no trade-mark will be registered which is used in unlaw- 
ful business, or upon any article injurious in itself, or which 
has been used with the design of deceiving the public in the 
purchase of merchandise, or which has been abandoned. 

20. Any mark, used in commerce with foreign nations or 
among the several States or with Indian tribes, may be regis- 
tered if it has been in actual and exclusive use as a trade- 
mark of the applicant, or his predecessors from whom he de- 



United States of America 505 

rived title, for ten yorys next preceding the passage of the act 
of February 20, 19.05. (See Rule 32.) 

THE APPLICATION. 

21. An application for the registration of a trade-mark 
must be made to the Commissioner of Patents and must be 
signed by the applicant. 

22. A complete application comprises: 

(a) A petition, requesting registration, signed by the appli- 
cant. (See Form 1.) 

(5) A statement specifying the name, domicile, location, 
and citizenship of the party applying: the class of 
merchandise, and the particular description of goods 
comprised in such class, to which the trade-mark is 
appropriated: a description of the trade-mark itself, only 
when needed to express colors not shown in the drawing: 
and a statement of the mode in which the same is applied and 
affixed to the goods, and of the length of time during which 
the trade-mark has been used, and, if the applicant be a cor- 
poration or association, it must be set forth under the laws of 
what State or nation organized. (See sec. 29 of the act of 
February 20, 1905, and Forms 2, 4, 6, and 10.) 

(c) A declaration complying with section 2 of the act of 
February 20, 1905. (See Forms 3, 5, 7, 8, 9, and 11.) 

(d) A drawing of the trade-mark, which shall be a facsimile 
of the same as actually used upon the goods. (See Rules 36 
and 37.) 

(e) Five specimens {or facsimiles, ivhen, from the mode of 
applying or affixing the trade-mark to the goods, specimens 
cannot he furnished) of the trade-mark as actually used upon 
the goods. 

(/") A fee of ten dollars. 

23. The petition, the statement, and the declaration must 
be in the English language and written on one side of the 
paper only. 

24. The name of the applicant will appear in the certificate 
of registration precisely as it is signed to the statement of the 
application, and, therefore, the signature to the statement 
must be the correct signature of the applicant, and the name of 
the applicant wherever it appears in the papers of the applica- 



506 United States of America 

tion will be made to agree with the name as signed to the state- 
ment. 

25. No information will be given, without authority of the 
applicant, respecting the filing of an application for the reg- 
istration of a trade-mark by any person, or the subject-matter 
thereof, unless it shall, in the opinion of the Commissioner, be 
necessary to the proper conduct of business before the Office. 

26. All applications for registration pending in the Patent 
Office at the time of the passage of the act of February 20, 1905, 
may be amended with a view to bringing them and the certifi- 
cates issued under such applications under the provisions of said 
act, and the prosecution of such applications may be proceeded 
with under its provisions without the payment of further fee. 
When such an application is amended to bring it under the 
act of February 20, 1905, it will be given a serial number and 
a date of filing under said act. 

A trade-mark, registered under the act of March 3, 1881, 
may be registered under the act of February 20, 1905, but the 
application for such registration will be subject to examina- 
tion in the same manner as other applications filed under said 
act of February 20, 1905. 

27. An application for registration of a trade-mark, filed 
in this country by any person who has previously regularly filed 
in any foreign country which, by treaty, convention, or law, af- 
fords similar privileges to the citizens of the United States an 
application for registration of the same trade-mark shall be ac- 
corded the same force and effect as would be accorded to the 
same application if tiled in this country on the date on which 
application for registration of the same trade-mark was first 
filed in such foreign country: Provided, That such application 
be filed in this country within four months from the date on 
^vhich the application was first filed in such foreign country. 

28. Every applicant for registration of a trade-mark, or 
for renewal of registration of a trade-mark, who is not domi- 
ciled within the United States, shall, before the issuance of the 
certificate of registration, designate, by a notice in writing, 
filed in the Patent Office, some person residing within the 
United States on whom process or notice of proceedings affecting 
the right of ownership of the trade-mark of which such appli- 



United States of America 507 

cant may claim to be the owner may be served. This notice 
shall be indorsed upon the file wrapper of the application. 

29. In proceedings relating to an application, or to a reg- 
istration nnder the act of February 20, 1905, it shall be deemed 
sufficient to serve notice upon the applicant, registrant, or repre- 
sentative, by leaving a copy of the process or notice of proceed- 
ings addressed to him at the last address of which the Commis- 
sioner of Patents has been notified. 

30. A trade-mark may, at the option of the applicant, be 
registered on a single application, for any or all goods comprised 
in a single class of merchandise, provided the particular de- 
scription of goods be stated, and provided that the mark has 
been actually used upon all of the goods specified. (See classi- 
fication of merchandise.) 

31. The application must be accompanied by a written 
declaration, verified by the applicant, or by a member of the 
firm, or by an officer of the corporation or association applying, 
to the effect that he believes himself, or the firm, corporation, or 
association in whose behalf he makes the declaration, to be the 
OAvner of the trade-mark sought to be registered, and that no 
other person, firm, corporation, or association, to the best of 
his knowledge and belief, has the right to use the trade-mark, 
either in the identical form or any such near resemblance 
thereto as might be calculated to deceive; that such trade- 
mark is used in commerce among the several States, or with 
foreign nations, or with Indian tribes; that the drawing truly 
represents the trade-mark sought to be registered; that the 
specimens {or facsimiles) show the mark as actually used upon 
the goods; and that the facts set forth in the statement are 
true. rSee Rule 17 and Forms 3, 5, 7, 8, 9, and 11.) 

32. Where application is made under section 5 of the act 
of February 20, 1905, on the ground that the mark has been 
in actual and exclusive use as a trade-mark by the applicant, 
or his predecessors from whom he derived title, for ten years 
next preceding the passage of said act, the applicant shall, in 
addition to the requirements of section 2 of said act, make 
oath to such actual use of the mark as a trade-mark by himself, 
or his predecessors, or by those from whom title to the same 
is derived, for the period specified, and that, to the best of his 



508 United States of America 

knowledge and belief, such use has been exclusive. (See 
Form 8.) 

33. If the applicant resides or is located in a foreign conn- 
try, the declaration required, unless the application be pre- 
sented under the provisions of section 3 of the act of May 4, 
1906, shall also set forth that the trade-mark has been reg- 
istered by the applicant, or that an application for the regis- 
tration thereof has been filed by him in the foreign country 
in which he resides or is located, and shall give the date of 
such registration, or of the application therefor, as the case 
may be. In such cases, it shall not be necessary to state that 
the mark has been used in commerce with the United States 
or among the States thereof. 

If the application be presented under the provision of sec- 
tion 3 of the act of May 4, 1906, the declaration, in addition 
to the requirements of Rule 31, must state that the applicant 
has a manufacturing establishment within the territory of the 
United States and that the goods upon which the trade-mark 
is used are the product of such establishment. 

34. The declaration may be made before any person within 
the United States authorized by law to administer oaths, or, 
when the applicant resides in a foreign country, before any 
minister, charge d'affaires, consul, or commercial agent hold- 
ing commission under the Government of the United States, 
or before any notary public, judge, or magistrate having an 
official seal and authorized to administer oaths in the foreign 
country in which the applicant may be, whose authority shall 
be proved by the certificate of a diplomatic or consular officer 
of the United States, the declaration being attested in all cases, 
in this and other countries, by the proper official seal of the 
officer before whom the same is made. 

35. Amendment of the declaration will not be permitted. If 
that filed with the application be faulty or defective, a substi- 
tute declaration must be filed. 

DRAWING. 

36. (1) The drawing must be made upon pure white paper 
of a thickness corresponding to two-sheet Bristol board. The 
surface of the paper must be calendered and smooth. India 



United States of America 509 

ink alone must be used, to secure perfectly black and solid 
lines. 

(2) The size of a sheet on which a drawing is made must 
be exactly 10 by 15 inches. One inch from its edges, a single 
marginal line is to be drawn, leaving the ''sight" precisely 
8 by 13 inches. Within this margin, all work and signatures 
must be included. One of the shorter sides of the sheet is re- 
garded as its top, and, measuring downwardly from the mar- 
ginal line, a space of not less than 1^ inches is to be left blank 
for the heading of title, name, number, and date. 

(3) All draw^ings must be made with pen only. Every line 
and letter, signatures included, must be absolutely black. This 
direction applies to all lines, however fine, and to shading. 
All lines must be clean, sharp, and solid, and they must not be 
too fine or crowded. Surface shading, when used, should be 
open. 

(4) The name of the proprietor of the trade-mark, signed by 
himself or by his attorney of record, must be placed at the 
lower right-hand corner of the sheet within the marginal lines, 
but, in no instance, should it encroach upon the drawing. 

(5) When the view is longer than the width of the sheet, 
the sheet should be turned on its side and the heading should 
be placed at the right and the signature at the left, occupying 
the same space and position as in an upright view and being 
horizontal when the sheet is held in an upright position. 

(6) Drawings transmitted to the Office should be sent flat, 
protected by a sheet of heavy binder's board. They should not 
be rolled or folded. 

(7) An agent's or attorney's stamp, or advertisement, or 
written address will not be permitted upon the face of a 
drawing. Avithin or without the marginal line. 

37. The Office, at the request of applicants, will furnish the 
drawings at cost. 

EXAMINATION OF APPLICATIONS. 

38. All complete applications for registration are consid- 
ered, in the first instance, by the examiner in charge of trade- 
marks. Whenever, on examination of an application, registra- 
tion is refused for any reason whatever, the applicant will be 
notified thereof. The reasons for such refusal will be stated. 



510 United States op America 

and such information and references will be given as may be 
useful in aiding the applicant to judge of the propriety of fur- 
ther prosecuting his application. 

39. The examination of an application and the action there- 
on will be directed throughout to the merits, but, in each let- 
ter, the examiner shall state or refer to all his objections. 

40. If, on examination of an application for the registra- 
tion of a trade-mark, it shall appear that the applicant is en- 
titled to have his trade-mark registered under the provisions 
of the law, the mark will be published in the Official Gazette 
at least once. Such publication shall be at least thirty days 
prior to the date of registration. 

If no notice of opposition be filed within thirty days after 
such publication the applicant or his attorney will be duly 
notified of the allowance of his application, and a certificate 
of registration will be issued as provided in Rule 58. 

The Aveekly issue closes on Thursday, and the certificates of 
registration of that issue bear date as of the third Tuesday 
thereafter. 

AMENDMENTS. 

41. The statement may be amended to correct informalities, 
or to aA^oid objections made by the Office, or for other reasons 
arising in the course of examination, but no amendments to 
the description or drawing of the trade-mark will be permitted 
unless warranted by something in the specimens {or facsimiles) 
as originally filed. 

42. In every amendment, the exact word or words to be 
stricken out or inserted in the statement must be specified, and 
the precise point indicated where the erasure or insertion is to 
be made. All such amendments must be on sheets of paper 
separate from the papers previously filed, and written on but 
one side of the paper. 

Erasures, additions, insertions, or mutilations of the papers 
and records must not be made by the applicant or attorney. 

43. When an amendatory clause is amended, it must be 
wholly rcAvritten, so that no interlineation or erasure shall 
appear in the clause, as finally amended, when the application 
is passed to issue. If the number or nature of the amendments 
shall render it otherwise difficult to consider the case, or to 



United States of America 511 

arrange the papers for printing or copying, the examiner may 
require the entire statement to be rewritten. 

44. After allowance, the examiner wdll exercise jurisdiction 
over an application only by special authority from the Com- 
missioner. 

Amendments may be made after the allowance of an appli- 
cation, if the case has not been printed, on the recommenda- 
tion of the examiner, approved by the Commissioner, without 
withdrawing the case from issue. 

45. After the completion of the application, the Office will 
not return the papers for any purpose whatever. If the appli- 
cant has not preserved copies of the papers which he wishes 
10 amend, the Office will furnish them on the usual terms. 

INTERFERENCE, OPPOSITION, AND CANCELLATION. 

46. Whenever application is made for the registration of a 
trade-mark Avhich is substantially identical with a trade-mark 
appropriated to goods of the same descriptive properties, for 
which a certificate of registration has been previously issued 
to another, or for registration of which another had previously 
made application, or which so nearly resembles such trade- 
mark, or a known trade-mark owned and used by another, as, 
in the opinion of the Commissioner, to be likely to be mis- 
taken therefor by the public, an interference will be declared. 

The practice in trade-mark interferences will follow, as near- 
ly as practicable, the practice in interferences between applica- 
tions for patents. 

47. Before the declaration of interference, all preliminary 
questions must have been settled by the examiner in charge of 
trade-marks, and the trade-mark which is to form the subject- 
matter of the controversy must have been decided to be regis- 
trable, and must have been published at least once in the Official 
Gazette of the Patent Office. 

Whenever two or more applicants are found to be claiming 
the same registrable trade-mark, the examiner of trade-marks, 
when the application of one of the applicants is ready for pub- 
lication, may require the other applicants to put their applica- 
tions in condition for the publication within a time specified, 
in order that an interference may be declared. If any party 



512 United States of America 

fail to put his application in condition for publication within 
such time specified, the declaration of interference will not be 
delayed, but, after judgment of priority, the application of 
such party will be held for revision and restriction, subject' 
to interference with other applications or registered trade- 
marks. 

48. The examiner in charge of interferences may, either be- 
fore or in his decision on the question of priority, direct the at- 
tention of the Commissioner to any matter not relating to 
priority which may have come to his notice, and which, in his 
opinion, establishes the fact that no interference exists, or that 
there has been such irregularity in declaring the same as will 
preclude a proper determination of the question of priority, or 
which amounts to a statutory bar to registration of the mark to 
any or all of the parties to the interference. The Commission- 
er may, before judgment on the question of priority, suspend 
the interference and remand the same to the examiner of trade- 
marks for his consideration of the matters to which attention 
has been directed. If the case be not so remanded, the exam- 
iner in charge of trade-marks will, after judgment, consider 
any matter affecting the rights of either party to registration 
which may have been brought to his attention, unless the same 
shall have been previously disposed of by the Commissioner. 
From the decision of the examiner of trade-marks, appeals may 
be taken, as in other cases. 

49. Motions to dissolve an interference upon the ground that 
no interference in fact exists, or that there has been such ir- 
regularity in declaring the same as will preclude a proper de- 
termination of the question of priority, or which deny the reg- 
istrability of an applicant's mark, should, if possible, be made 
not later than the twentieth day after the notices of the in- 
terference have been mailed. Such motions, and all motions 
of a similar character," should be accompanied by a motion to 
transmit the same to the examiner in charge of trade-marks, 
and such motion to transmit will be noticed for hearing upon a 
day certain before the examiner in charge of interferences. 
AVhen in proper form, the motion presented will, with the files 
and papers, be transmitted, by the examiner in charge of in- 
terferences, for determination, to the examiner in charge of 
trade-marks, who will thereupon fix a day certain when said mo- 



United States of America 513 

tion will be heard before him upon the merits, and give notice 
thereof to all the parties. If a stay of proceedings be desired, 
a motion therefor should accompany the motion for transmis- 
sion. 

]\Iotions to shift the burden of proof should be made before, 
and will be determined by, the examiner in charge of inter- 
ferences. No appeal from the decision on such motion will be 
entertained, but the matter may be reviewed on appeal from 
the final decision upon the question of priority. 

50. The decision of the examiner in charge of trade-marks, 
upon a motion for dissolution, will be binding upon the examiner 
in charge of interferences unless reversed or modified on ap- 
peal. Unless appeal be taken within the time limited for ap- 
peal, the examiner in charge of trade-marks will return the 
files and papers with his decision to the examiner in charge 
of interferences. 

51. Any person who believes he would be damaged by the 
registration of a mark may oppose the same by filing, in du- 
plicate, a Avritten notice of opposition (see Form 12), stating 
the grounds therefor, within thirty days after the publica- 
tion (see Rule 40) of the mark sought to be registered, which 
notice of opposition shall be accompanied by the fee required by 
law, and shall be verified by the person filing the same, before 
one of the officers mentioned in section 2 of the act of Febru- 
ary, 20, 1905. (See Rule 34.) 

52. Any person, deeming himself to be injured by the reg- 
istration of a trade-mark in the Patent Office, may, at any time, 
make application (see Form 13), to the Commissioner to cancel 
the registration thereof. Such application shall be filed in 
duplicate, shall state the grounds for cancellation, and shall 
be verified by the person filing the same, before one of the 
officers mentioned in section 2 of the act of February 20, 1905. 
(See Rule 34.) 

53. If it shall appear, after a hearing before the examiner 
of interferences, that the registrant was not entitled to the use 
of the mark at the date of his application for registration there- 
of, or that the mark is not used by the registrant, or has been 
abandoned, and the examiner in charge of interferences shall 
so decide, the Commissioner shall cancel the registration of the 
mark, unless appeal be taken within the limit fixed. 



514 United States of America 

54. In cases of opposition, and of applications for cancel- 
lation, the examiner in charge of trade-marks shall forward the 
files and papers to the examiner in charge of interferences, who 
shall give notice thereof to the applicant or registrant. The 
applicant or registrant must make answer at such time, not less 
than thirty days from the date of the notice, as shall be fixed 
by the examiner in charge of interferences. 

55. The proceedings, on oppositions, and on applications for 
cancellation, shall follow, as nearly as practicable, the practice, 
in interferences between applications for patents. 

APPEALS. 

56. From an adverse decision of the examiner in charge of 
trade-marks upon an applicant's right to register a trade-mark 
or to renew the registration of a trade-mark, or from a decision 
of the examiner in charge of interferences, an appeal may be 
taken to the Commissioner in person, upon payment of the fee 
required by law. 

57. From the adverse decision of the Commissioner of Pat- 
ents upon the right of an applicant to register a trade-mark, 
or to renew the registration of a trade-mark, or from the de- 
cision of the Commissioner in cases of interference, opposition, 
or cancellation, an appeal may be taken to the Court of Appeals 
of the District of Columbia in the manner prescribed by the 
rales of that court. 

ISSUE, DATE AND DURATION OF CERTIFICATES. . 

58. When the requirements of the law and of the rules have 
been complied with, and the Office has adjudged a trade-mark 
registrable, a certificate will be issued, signed by the Commis- 
sioner, under the seal of the Patent Office, to the effect that the 
applicant has complied with the law and that he is entitled to 
registration of his trade-mark. The certificate shall state the 
date on which the application for registration was received in 
the Patent Office. Attached to the certificate will be a photo- 
lithographed copy of the drawing of the trade-mark and a 
printed copy of the statement and of the declaration. 

59. A certificate of registration shall remain in force twen- 
ty years from its date, except that, in case a trade-mark be pre- 



United States of America 515 

viously registered in a foreign country, such certificate shall 
cease to be in force on the day on which the trade-mark ceases 
to be protected in such foreign country, and shall, in no case,^ 
remain in force more than twenty years, unless renewed. 

60. A certificate of registration may be, from time to time, 
renewed for like periods on payment of the renewal fees re- 
quired, upon request by the registrant, his legal representatives 
or transferees of record in the Patent Office, and such request 
may be made at any time not more than six months prior to the 
expiration of the period for which the certificate of registra- 
tion was issued or renewed. 

61. Certificates of registration in force on the 1st day of 
April, 1905, shall remain in force for the periods for which they 
were issued, and shall be renewable on the same conditions and 
for the same periods as certificates issued under the provisions 
of the act of February 20,. 1905, and, when so renewed, shall 
have the same force and effect as certificates issued thereunder. 

62. A certificate of registration shall not be issued to an 
applicant located in a foreign country for any trade-mark, for 
registration of which he has filed an application in such foreign 
country, until such mark has been actually registered by him 
in the country in which he is located. 

ASSIGNMENTS. 

63. Every registered trade-mark and every mark for the 
registration of which application has been made, together with 
the application for registration thereof, shall be assignable in 
connection with the good-will of the business in which the mark 
is used. Such assignment must be by an instrument in writing 
and duly acknowledged according to the laws of the country or 
State in which the same is executed. Provision is made for 
recording such assignments in the Patent Office; but no such 
assignment will be recorded unless it is in the English language, 
nor unless an application for the registration of the mark shall 
have been first filed in the Patent Office, and such assignment 
must identify the application by serial number and date of fil- 
ing, or, Avhen the mark has been registered, by the certificate 
number and the date thereof. No particular form of assign- 
ment is prescribed. 



516 United States of America 

64. An assignment shall be void as against any subsequent 
purchaser for a valuable consideration, without notice, unless 
it be recorded in the Patent Office within three months from the 
date thereof. 

65. The certificate of registration may be issued to the as- 
signee of the applicant, but the assignment must first be en- 
tered of record in the Patent Office. 

COPIES AND PUBLICATIONS. 

66. After a trade-mark has been registered, printed copies 
of the statement and declaration in each case, with a photo- 
lithographed copy of the drawing of the trade-mark, may be 
furnished by the Office upon the payment of the fee. (See 
Rule 69.) 

67. An order for a copy of an assignment must give the 
liber and page of the record, as well as the name of the appli- 
cant; otherwise an extra charge will be made for the time con- 
sumed in making a search for such assignment. 

68. The Official Gazette of the Patent Office will contain a 
list of all trade-marks registered, giving, in each case, a state- 
ment of the goods to which the trade-mark is applied, the name 
and address of the applicant, the date of filing and serial num- 
ber of the application, and the date of the publication of the 
trade-mark in the Official Gazette. 

PEES. 

69. On filing each original application for the reg- 
istration of a trade-mark $10.00 

On filing each application for renewal of the reg- 
istration of a trade-mark 10.00 

On filing notice of opposition to the registration of a 
trade-mark 10.00 

On appeal from the examiner in charge of trade-marks 
to the Commissioner of Patents 15.00 

On appeal from the decision of the examiner in charge 
of interferences, awarding ownership of a trade-mark or 
canceling the registration of a trade-mark, to the Com- 
missioner of Patents 15.00 

For manuscript copies, for every 100 words or frac- 
tion thereof .10 



United States of America 517 

For recording every assignment, agreement, power of 

attorney, or other paper, of 300 words or less 1.00 

For recording every assignment, agreement, power of 
attorney, or other paper of more than 300 words, and less 

than 1,000 words 2.00 

For recording every assignment, agreement, power of 

attorney, or other paper of more than 1,000 words 3.00 

For abstracts of title : 

For the certificate of search 1.00 

For each brief from the digest of assignments .20 

For searching titles or records, one hour or less .50 

Each additionaJ hour or fraction thereof, .50 

For a single printed copy of statement, declaration 

and drawing .05 

If certified, for the grant, additional .50 

For the certificate .25 

70. Money required for office fees may be paid to the Com- 
missioner of Patents, or to the Treasurer, or to any of the as- 
sistant treasurers of the United States, or to any of the depos- 
itaries, national banks, or receivers of public money, designated 
by the Secretary of the Treasury for that purpose, and such 
officer shall give the depositor a receipt or certificate of de- 
posit therefor, which shall be transmitted to the Patent Office. 
When this cannot b^ done without inconvenience, the money 
may be remitted by mail, and, in every such case, the letter 
should state the exact amount inclosed. All money-orders, 
drafts, and checks should be made payable to the "Commis- 
sioner of Patents." 

71. All money sent by mail to the Patent Office will be at 
the risk of the sender. All payments to the Office must be 
made in specie, Treasury notes, national-bank notes, certificates 
of deposit, money orders, or certified checks. 

REPAYMENT OF MONEY. 

72. Money paid by actual mistake, such as a payment in ex- 
cess, or when not required by law, or by neglect or misinfor- 
mation on the part of the Office, will be refunded; but a mere 
change of purpose after the payment of money, as when a par- 
ty desires to withdraw his application for the registration of a 



518 United States of America 

trade-mark, or to withdraw an appeal, will not entitle a party 
to demand such a return. 

NOTICE OF registration. 

73. It shall be the duty of the registrant to give notice to 
the public that a trade-mark is registered, either by affixing 
thereon the words ' ' Registered in U. S. Patent Office, ^ ' or " Reg. 
U. S. Pat. Off.," or, when from the character and size of the 
trade-mark, or from its manner of attachment to the article to 
wiiich it is appropriated, this cannot be done, then by affiixing 
a label containing a like notice to the package or receptacle 
wherein the article or articles are inclosed; otherwise, on a suit 
for infringement, no damages shall be recovered except on proof 
that the defendant was duly notified of infringement, and con- 
tinued the same after such notice. 

amendments of the rules. 

74. All amendments of the foregoing rules will be published 
in the Official Gazette. 

questions not specifically provided for. 

75. All cases not specifically defined and provided for in 
these rules will be decided in accordance with the merits of 
each case under the authority of the Commissioner, and such 
decision will be communicated to the ' interested parties in 
writing. 

Frederick I. Allen, 
Commissioner of Patents. 
Department of the Interior. 
Approved, November 16, 1905. 

E. A. Hitchcock, 

Secretary. 

CLASSIFICATION OF MERCHANDISE UNDER THE ACT 
OF MAY 4, 1906. 

Group 1.— Raw Materials. 

1. Animal. 

2. Mineral. 

3. Vegetable. 



United States of America 519 

Group 2.— Manufactured Materials. 

4. Abrasive and polishing materials not included in classes 

8 and 16. 

5. Adhesives. 

6. Chemicals not otherwise classified. 

7. Cordage not included in class 13. 

8. Detergents. 

9. Explosives. 

10. Fertilizers. 

11. Leather blackings and dressings. 

12. Masonry materials. 

13. Metal manufactures not otherwise classified. 

14. Metals, unwrought and partly w^rought. 

15. Oils and greases not included in classes 6, 16, and 50, 

16. Paints and painters' materials. 

17. Wood manufactures not otherwise classified. 

Group 3. —Tools, Machinery and Vehicles. 

18. Agricultural and dairy machinery and parts of such ma- 

chinery. 

19. Boats and road vehicles. 

20. Cutlery not included in class 61, and edge tools. 

21. Electrical apparatus, machines, and supplies. 

22. Firearms, and equipments and projectiles not otherwise 

classified. 

23. Hand tools not otherwise classified. 

24. Laundry appliances and machines. 

25. Locks and safes. 

26. Machinery and parts of machinery not otherwise classified. 

27. Raihvay equipment not otherwise classified, and railway roll- 

ing stock. 

28. Sewing machines and attachments. 

Groltp 4.— Furniture and Household Articles. 

29. Brooms, brushes, and dusters. 

30. Crockery, earthenware, and porcelain. 

31. Filters and refrigerators. 

32. Furniture and upholstery not otherwise classified. 

33. Glassware not otherwise classified. 



520 United States of America 

34. Heating, lighting, and ventilating apparatus not included 

in class 21. 

Group 5.— Leather, Paper, and Eubber Goods. 

35. Belting, hose, and machinery packing. 

36. Leather and leather manufactures not otherwise classified. 

37. Paper and paper manufactures not otherwise classified. 

38. Rubber and minor plastics not otherwise classified. 

Group 6.— Dry Goods and Clothing. 

39. Clothing not otherwise classified. 

40. Fancy goods, furnishings, and notions. 

41. Knitted, netted, and lace goods. 

42. Textiles not otherwise classified. 

43. Thread and yarn. 

Group 7.— Foods. 

44. Bakery products, cereal foods and yeast. 

45. Beverages, nonalcoholic. 

46. Coffee, tea, and substitutes. 

47. Confectionery. 

48. Dairy products. 

49. Distilled alcoholic liquors. 

50. Foods not otherwise classified. 

51. Malt liquors. 

52. Packing-house products. 

53. Saccharine foods not included in class 47. 

54. Sea foods. 

55. Wines. 

Group 8.— Miscellaneous. 

56. Canes, parasols, and" umbrellas. 

57. Dental machines, apparatus, and supplies. 

58. Games and toys, and sporting goods not otherwise clas- 

sified. 

59. Horological instruments. 

60. Inks and inking materials. 

CI. Jewelry, and solid and plated precious-metal ware. 
62. Linoleum and oiled cloth. 



U^^^iTED States of Ameeica 521 

63. Measuring and scientific apparatus, appliances, and instru- 

ments. 

64. Medical and surgical apparatus, appliances, and instruments. 

65. Musical instruments and talking-machines and supplies 

therefor. 

66. Objects of art and ornament. 

67. Pharmaceutical preparations, plasters, and proprietary and 

veterinary medicines. 

68. Publications. 

69. Smokers' articles not included in class 71. 

70. Stationery not otherwise classified. 

71. Tobacco products. 

72. ^lerchandise not otherwise classified. 

F. I. Allen, 
Commissioner. 

APPENDIX. 

[1905— Department Circular No. 40— Division of Customs.] 

Treasury Department, 
Office of the Secretary, 
Washington, March 21, 1905. 
To collectors of customs and others concerned: 

The attention of officers of the customs and others is in- 
vited to the following provisions of section 27 of the act ap- 
proved February 20, 1905, effective April 1, 1905 : 

''Section 27. That no article of imported merchandise which 
shall copy or simulate the name of any domestic manufacture, 
or manufacturer or trader, or of any manufacturer or trader 
located in any foreign country which, by treaty, convention, 
or law affords similar privileges to citizens of the United States, 
or which shall copy or simulate a trade-mark registered in ac- 
cordance with the provisions of this act, or shall bear a name 
or mark calculated to induce the public to believe that the ar- 
ticle is manufactured in the United States, or that it is man- 
ufactured in any foreign country or locality other than the 
country or locality in which it is in fact manufactured, shall 
be admitted to entry at any custom-house of the United States ; 
and, in order to aid the officers of the customs in enforcing 
this prohibition, any domestic manufacturer or trader, and any 



522 United States of America 

foreign manufacturer or trader, who is entitled under the pro- 
visions of a treaty, convention, declaration, or agreement be- 
tween the United States and any foreign country to the advan- 
tages afforded by law to citizens of the United States in re- 
spect to trade-marks and commercial names, may require his 
name and residence, and the name of the locality in which his 
goods are manufactured, and a copy of the certificate of reg- 
istration of his trade-mark, issued in accordance with the pro- 
visions of this act, to be recorded in books which shall be kept 
for this purpose in the Department of the Treasury, under such 
regulations as the Secretary of the Treasury shall prescribe, 
and may furnish to the Department facsimiles of his name, the 
name of the locality in which his goods are manufactured, or of 
his registered trade-mark: and thereupon the Secretary of the 
Treasury shall cause one or more copies of the same to be 
transmitted to each collector or other proper officer of cus- 
toms. ' ' 

The provisions of this section give to manufacturers and 
traders located in foreign countries which, by treaty stipula- 
tions, give similar privileges to the United States, the same ad- 
vantages as are given to domestic manufacturers and traders. 
The act does not affect names or trade-marks heretofore record- 
ed in the Treasury Department, and as to them the protection 
granted so far as concerns prohibition of importation will con- 
tinue. Nor <ioes the act appear to make it compulsory on the 
part of domestic manufacturers or traders, or foreign manu- 
facturers or traders, to register names (not trade-marks) with 
the Commissioner of Patents, in order to prevent illegal impor- 
tations. 

Domestic manufacturers and traders, and foreign manufact- 
urers and traders, to avail themselves of the privileges of the 
act, so far as concerns trade-marks, are required to register their 
trade-marks with the Commissioner of Patents before the Treas- 
ury Department can act. 

Applications for recording the names and trade-marks in this 
Department under section 27 will state the name of the owner, 
his residence, and the locality in which his goods are manu- 
factured, and in the case of trade-marks should be accompanied 
Avith a certified copy of the certificate of registration of his trade- 
mark issued in accordance with the provisions of the act and 



United States of America 523 

the names of the ports to which facsimiles should be sent. In 
the case of the name of a domestic manufacture, manufacturer, 
or trader (not registered as a trade-mark in the Patent Office) 
the application must be accompanied by the proper proof of 
ownership and proof as to the country or locality in which his 
goods are manufactured, which must consist of the affidavit of 
the owner or one of the owners, certified by an officer entitled 
to administer oaths and having a seal. 

On the receipt by a customs officer of any such facsimiles, 
with information from the Department that they have been 
recorded therein, he will properly record and file them and Avill 
exercise care to prevent the entry at the custom-house of any 
article of foreign manufacture copying or simulating such mark. 

No fees are charged for recording trade-marks in the Treasury 
Department and custom-houses. 

A sufficient number of facsimiles should be forwarded to 
enable the Department to send one copy to each port named in 
the application, with ten additional copies for the files of the 
Department. 

Especial attention is invited to the provision in said section 
prohibiting the entry of articles "which shall bear a name or 
mark calculated to induce the public to believe that the article 
is manufactured in the United States, or that it is manufactured 
in any foreign country or locality other than the country or 
locality in which it is in fact manufactured, ' ' and collectors and 
other officers of the customs are instructed to use due diligence 
to prevent violations of this provision. 

The provisions of the act also apply to Porto Rico, the Phil- 
ippine Islands, Hawaii, and any other territory under the juris- 
«liction and control of the United States. 

LESLIE M. Shaw, Secretary. 

AN ACT to incorporate the Ametican National Red Cross. 

Sec 4. That from and after the passage of this Act it shall 
be unlawful for any person within the jurisdiction of the Unit- 
ed States to falsely and fraudulently hold himself out as, or 
represent or pretend himself to be, a member of, or an agent for, 
the American National Red Cross, for the purpose of soliciting, 
collecting, or receiving money or material; or for any person to 



524 United States of America 

wear or display the sign of the Eed Cross, or any insignia col- 
ored in imitation thereof for the fraudulent purpose of induc- 
ing the belief that he is a member of, or an agent for, the Amer- 
ican National Red Cross. Nor shall it be lawful for any per- 
son or corporation, other than the Red Cross of America, not 
now lawfully entitled to use the sign of the Red Cross, hereafter 
to use such sign or any insignia colored in imitation thereof 
for the purposes of trade or as an advertisement to induce the 
sale of any article whatsoever. If any person violates the pro- 
visions of this section, he shall be guilty of a misdemeanor and 
shall be liable to a fine of not less than one nor more than five 
hundred dollars, or imprisonment for a term not exceeding one 
year, or both, for each and every offense. The fine so collected 
shall be paid to the American National Red Cross. 

W ^ T? W W W W . 

Approved, January 5, 1905. 

THE COPYRIGHT LAW OF THE UNITED STATES. 

Section 4948. All records and other things relating to copy- 
rights and required by law to be preserved, shall be under the 
control of the Librarian of Congress, and kept and preserved in 
the Library of Congress. 

The Appropriation Act approved February 19, 1897, provides 
for the appointment of a ^^ Register of Copyrights, who shall, on 
and after July first, eighteen hundred and ninety-seven, under 
the direction and supervision of the Librarian of Congress, per- 
form all the duties relating to copyrights, and shall make week- 
ly deposits ivith the Secretary of the Treasury, and make month- 
ly reports to the Secretary of the Treasury and to the Librarian 
of Congress, a^id shall, on and after Jidy first, eighteen hun- 
dred and ninety -seven, give pond to the Librarian of Congress 
in the sum of tioenty thousand dollars, ivith approved sureties, 
for the faithful discharge of his duties/' 

Sec. 4949. The seal provided for the office of the Librarian 
of Congress shall be the seal thereof, and by it all records and 
papers issued from the office, and to be used in evidence shall 
be authenticated. 

Sec. 4950. The Appropriation Act approved February 19, 
1897, provides: "The Librarian of Congress shall on and aft- 



United States of America 525 

er July first, eighteen hundred and ninety-seven, give bond, pay- 
able to the United States, in the sum of twenty thousand dol- 
lars, ivith sureties approved by the Secretary of the Treasury, 
for the faithful discharge of his duties according to laiv." 

Sec. 4951. The Librarian of Congress shall make an annual 
report to Congress of the number and description of copyright 
publications for which entries have been made during the year. 

Sec. 4952. The author, inventor, designer, or proprietor of 
any book, map, chart, dramatic or musical composition, engrav- 
ing, cut, print or photograph or negative thereof, or of a paint- 
ing, drawing, chromo, statue, statuary and of models or designs 
intended to be perfected as works of the fine arts, and t]ie ex- 
ecutors, administrators, or assigns of any such person shall, 
upon complying with the provisions of this chapter, have the 
sole liberty of printing, reprinting, publishing, completing, copy- 
ing, executing, finishing, and vending the same ; and, in the case 
of a dramatic composition, of publicly performing or repre- 
senting it, or causing it to be performed or represented by 
others. And authors or their assigns shall have exclusive right 
to dramatize or translate any of their ivorhs, for ivhich copy- 
right shall have been obtained under the laivs of the United 
States. 

In the construction of this act the luords "engraving,'' "cut," 
and "print," shall be applied only to pictorial illustrations or 
u'orks connected with the fine arts, and no prints or labels de- 
signed to be used for any other articles of manufacture shall be 
entered under the copyright law, but may be registered in the 
Patent Office. And the Commissioner of Patents is hereby 
charged tvith the supervision and control of the entry or regis- 
try of such prints or labels, in conformity with the regulations 
provided by law as to copyright of prints, except that there 
shall be paid for recording the title of any print or label, not a 
trade-wark, six dollars, which shall cover the expense of fur- 
nishing a copy of the record, under the seal of the Commission- 
er of Patents, to the party entering the same. 

Sec. 4953. Copyrights shall be granted for the term of 
twenty-eight years from the time of recording the title thereof, 
in the manner hereinafter directed. 

Sec. 4954. The author, inventor, or designer, if he be still 
living, or his widow or children, if he be dead, shall have the 



526 United States of America 

same exclusive right continued for the further term of four- 
teen years, upon recording the title of the work or description 
of the article so secured a second time, and complying with all 
other regulations in regard to original copyrights, within six 
months before the expiration of the first term. And such per- 
son shall, within two months from the date of said renewal, 
cause a copy of the record thereof to be published in one or 
more newspapers, printed in the United States, for the space of 
four weeks. 

Sec. 4955. Copyrights shall be assignable in law by any 
instrument of writing and such assignment shall be recorded 
in the office of the Librarian of Congress within sixty days 
after its execution; in default of which it shall be void as 
against any subsequent purchaser or mortgagee for a valu- 
able consideration, without notice. 

Sec. 4956. No person shall be entitled to a copyright unless 
he shall, on or before the day of puhlication, in this or any 
foreigii country, deliver at the office of the Librarian of Con- 
gress, or deposit in the mail within the United States, ad- 
dressed to the Librarian of Congress, at Washington, District 
of Columbia, a printed copy of the title of the book, map, 
chart, dramatic or musical composition, engraving, cut, print, 
photograph, or chromo, or a description of the painting, draw- 
ing, statue, statuary, or a model or design, for a work of the 
fine arts, for which he desires a copyright; nor unless he shall 
also, not later than the day of the publication thereof, in this 
or any foreign comitry, deliver at the office of the Librarian 
of Congress, at Washington, District of Columbia, or deposit 
in the mail, tvithin the United States, addressed to the Libra- 
rian of Congress, at Washington, District of Columbia, two cop- 
ies of such copyright book, map, chart, dramatic or musical 
composition, engraving, chromo, cut, print, or photograph, or 
in case of a painting drawing, statue, statuary, model, or de- 
sign for a Avork of the fine arts, a photograph of the same: 
Provicled, That in the case of a book, photograph, chromo, or 
lithograph, Ihe two copies of the same required to be delivered 
or deposited, as above, shall be printed from type set within 
the limits of the United States, or from plates made therefrom, 
or from negatives, or draivings on stone made within the limits 
of the United States, or from transfers made therefrom. Dur- 



UiTiTED States of America 527 

ing the existence of such copyright the importation into the 
United States of any hook, chromo, lithograph, or photograph, 
so copyrighted, or any edition or editions thereof, or any plates 
of the same not made from type set, negatives, or drawings on 
stone made ivithin the limits of the United States, shall he, and 
is herehy prohihited, except in the cases specified in para- 
graphs 512 to 516, inclusive, in section two of the act entitled, 
an act to reduce the revenue and equalize the duties on imports 
and for other purposes, approved Octoher 1, 1890; and ex- 
cept in the case of persons purchasing for use and not for 
sale, who im/port subject to the duty thereon, not more than 
two copies of such hook at any one time; and, except in the 
case of newspapers and magazines, not containing in whole or 
in part matter copyrighted under the provisions of this act, 
unauthorized hy the author, which are herehy exempted from 
prohibition of importation. 

Provided, nevertheless, That in the case of hooks in foreign 
languages, of ivhich only translations in English are copyright- 
ed, the prohibition of importation shall apply only to the 
translation of the same, and the importation of the hooks in 
the original language shall he permitted. 

Sec. 4957. The Librarian of Congress shall record the name 
of such copyright book, or other article, forthwith in a book 
to be kept for that purpose, in the words following: "Library 
of Congress, to wit : Be it remembered that on the day 

of A. B., of hath deposited in this office 

the title of a book (map, chart, or otherwise, as the case may 
be, or description of the article), the title or description of 
which is in the following words, to wit: (here insert the title 
or description,) the right whereof he claims as author, (orig- 
inator, or proprietor, as the case may be,) in conformity with 
the laws of the United States respecting copyrights. C. D., 
Librarian of Congress." And he shall give a copy of the 
title or description under the seal of the Librarian of Congress, 
to the proprietor, whenever he shall require it. 

Sec. 4958. The Librarian of Congress shall receive from 
the persons to whom the services designated are rendered, the 
following fees. 1. For recording the title or description of 
any copyright book or other article, fifty cents. 2. For every 
copy under seal of such record actually given to the person 



528 United States of America 

claiming the copyright, or his assigns, fifty cents. [3. For re- 
cording and certifying any instrument of writing for the as- 
dgnment of a copyright, one dollar. ^. For every copy of an 
assignment, one dollar.'] All fees so received shall be paid 
into the treasury of the United States: Provided, That the 
charge for recordmg the title or description of any article en- 
teredo for copyright, the production of a person not a citizen 
or resident of the United States, shall he one dollar, to he paid 
as ahove into the treasury of the United States, to defray the 
expefises of lists of copyrighted articles as hereinafter provided 
for. \ , 

And it is herehy made the duty of the Lihrarian of Congress 
to furnish to the Secretary of the Treasury copies of the en- 
tries of titles of all hooks and other articles wherein the copy- 
right has heen completed hy tUe deposit of two copies of such 
hook printed from type set within the limits of the United 
States, in accordance with the provisions of this act, and hy 
the deposit of tivo copies of such other article made or produced 
in the United States; and. the Secretary of Treasury is here- 
hy directed to prepare and print, at intervals of not more than 
a iveek, catalogues of such title-entries for distrihution to the 
collectors of customs of the United States and to the post- 
masters of all post offices receiving foreign mails, and such 
weekly lists, as they are issued, shall he furnished to all parties 
desiring them, at a sum not exceeding five dollars per annum; 
and the Secretary and the Postmaster General are herehy em- 
poivered and required to make and enforce such rules and 
Regulations as shall prevent the importation into the United 
Stales, except upon the conditions ahove specified, of all ar- 
ticles prohihited hy this act. ' 

Sec. 4959. The proprietor of every copyright book or other 
article shall deliver at the office of the Librarian of Congress, 
Or deposit in the mail, addressed to the Librarian of Congress^ 
at Washington, District of Columbia, a copy of every subse- 
quent edition wherein any substantial changes shall be made r 
Frovid.cd, hotvever. That the alterations, revisions, and addi- 
tions made to hooks hy foreign authors, heretofore puhlished, 
of ivhich nevj editions shall appear suhsequently to the taking 
effect of this act, shall he held and deemed capahle of heing 
copyrighted as ahove provided, for in this act, unless they form 



United States of America 529 

a part of the series in course of publication at the time this 
act shall take effect. 

Sec. 4960. For every failure on the part of the proprietor 
of any copyright to deliver, or deposit in the mail, either of the 
published copies, or description, or photograph, required by 
sections 4956 and 4959, the proprietor of the copyright shall 
be liable to a penalty of twenty-five dollars, to be recovered by 
the Librarian of Congress, in the name of the United States, 
in an action in the nature of an action of debt, in any district 
court of the United States within the jurisdiction of which the 
delinquent may reside or be found. 

Sec. 4961. The postmaster to whom such copyright book, 
title, or other article is delivered, shall, if requested, give a re- 
ceipt therefor ; and when so delivered he shall mail it to its des- 
tination. 

Sec. 4962. No person shall maintain an action for the in- 
fringement of his copyright unless lie shall give notice thereof 
by inserting in the several copies of every edition published, 
on the title-page, or the page immediately following, if it be a 
book ; or if a map, chart, musical composition, print, cut, en- 
graving, photograph, painting, drawing, chromo, statue, stat- 
uary or model or design intended to be perfected and completed 
tis a work of the fine arts, by inscribing iipon some visiMe 
portion thereof, or of the substance on tvhich the same shall 
be mounted, the following words, viz: ^^ Entered according to 

act of Congress, in the year , by A. B., in the office of 

the Librarian of Congress, at Washington;" or, at his option, 
the word '^Copyright," together with the year the copyright 
was entered, and the name of the party by ivhom it ivas taken 
out, thus: ^^ Copyright, 18—, by A. B." 

That manufacturers of designs for molded decorative ar- 
licles, tiles, plaques, or articles of pottery or metal subject to 
copyright may put the copyright mark prescribed by section 
forty-nine hundred, and sixty-two of the Revised Statutes, and 
acts additional thereto, upon the back or bottom of such ar- 
ticles, or in such other place upon them as it has heretofore 
been usual for manufacturers of such articles to employ for 
the placing of mMnufacturers, merchants, and trade-marks 
thereon. 

Sec. 4963. Every person who shall insei^t or impress such 



530 United States of America 

notice, or ivords of the same purport, in or upon any hook, map, 
chart, dramatic or musical composition, print, cut, engraving or 
photograph, or other article, whether such article he subject 
to copyright or otherwise, for which he has not obtained a 
copyright, or shall knowingly issue or sell any article hear- 
ing a notice of United States copyright which has not heen 
copyrighted in this country ; or shall import any hook, photo- 
graph, chromo, or lithograph or other article hearing such 
notice of copyright or words of the same purport, which is not 
copyrighted in this country, shall he liable to a penalty of one 
hundred dollars, recoverable one-half for the person who shall 
iisue for such penalty and one-half to the use of the United 
States; and the importation into the United States of any 
book, chromo, lithograph, or photograph, or other article hear- 
ing such notice of copyright, when there is no existing copy- 
right thereon in the United States, is prohibited; and the cir- 
cuit courts of the United States sitting in equity are hereby 
authorized to enjoin the issuing, publishing, or selling of any 
article marked or imported in violation of the United States 
copyright laws, at the suit of any person complaining of such 
violation: Provided, That this Act shall not apply to any im- 
portation of or sale of such goods or articles brought into the 
United States prior to the passage hereof/^ 

Sec. 4964. Every person ivho, after the recording of the 
title of any hook and the depositing of tivo copies of such book 
.as provided by this act, shall, contrary to the provisions of- 
this act, tvithiji the term limited, and without the consent of 
the proprietor of the copyright first obtained in writing, signed 
in presence of two or ynore wityiesses, print, publish, dramatize, 
translate, or import, or, knowing the same to he so printed, 
published, dramatized, translated, or imported, shall sell or 
expose to sale any copy of such book, shall forfeit every copy 
thereof to such proprietor, and shall also forfeit and pay 
such dawages as may be recovered in a civil action by 
such proprietor in any court of competent jurisdiction. 

Sec. 4965. If any person, after the recording of the title 
of any map, chart, dramatic or musical composition, print, cut, 
engraving, or photograph, or chromo, or of the description of 
any painting, drawing, statue, statuary, or model or design in- 
tended to he perfected and executed as a work of fine arts, as 



United States of America 531 

provided hy this act, shall, within the term limited, contrary 
to the provisions of this act, and without the consent of the 
proprietor of the copyright first obtained in writing, signed 
in presence of two or more witnesses, engrave, etch, work, copy, 
print, publish, dramatize, translate, or import, either in ivhole 
or in part, or by varying the main design, with intent to evade 
ike law, or, linowing the same to be so printed, published, 
dramatized, translated, or imported, shall sell or expose to 
sale any copy of suck map or other article, as aforesaid, he 
shall forfeit to the proprietor all the plates on which the same 
shall be copied, and every sheet thereof, either copied or print- 
ed, and shall further forfeit one dollar for every sheet of the 
same found in his possession, either printing, printed, copied, 
published, imported, or exposed for sale; and in case of a 
painting, statue, or statuary, he shall forfeit ten dollars for 
every copy of the same in his possession, or by him sold or 
exposed for sale : Provided, however. That in case of any such 
infringement of the copyright of a photograph made from any^ 
object not a ivork of fine arts, the sum to be recovered in any 
action brought under the provisions of this section shall be 
not less than one hundred dollars, nor more than five thousand 
dollars, and: Provided, further. That in case of any such in- 
fringement of the copyright of a painting, drawing, statue, 
engraving, etching, print, or model or design for a work of the 
fine arts, or of a photograph of a work of the fine arts, the sum 
to be recovered in any action brought through the provisions of 
this section shall be not less than two hundred and fifty dollars, 
and not more than ten thousand dollars. One-half of all the 
foregoing penalties shall go to the proprietors of the copyright 
and the other half to the use of the United States. 

Sec. 4966. Any person publicly performing or representing 
any dramatic or musical composition for which a copyright has 
been obtained, without the consent of the proprietor of said 
dramatic or musical composition, or his heirs or assigns, shall 
be liable for damages therefor, such damages in all cases to be 
assessed at such sum, not less than one hundred dollars for the 
first and fifty dollars for every subsequent performance, as to 
the court .^hall appear to be just. If the unlawful performance 
and representation be willfid and for profit, such person or 
persons shall be gitilty of a misdemeanor and upon conviction 



632 United States of America 

he imprisoned for a period not exceeding one year. Any in- 
junction that may he grayited npon hearing after notice to the 
defendant hy any circuit court of the United States, or hy a. 
judge thereof, restraining and enjoining the performance or 
representation of any such dramatic or musical composition 
may he served on the parties against whom such injunction 
may he granted anywhere in the United States, and shall he 
operative and may he enforced hy proceedings to punish for 
contempt or otherwise hy any other circuit court or judge in 
the United States; hut the defendants in said action, or any 
or either of them, may make a motion in any other 
circuit in which he or they may he engaged in per- 
forming or representing said dramatic or musical com- 
position to dissolve or set aside the said injunction upon 
such reasonable notice to the plaintiff as the circuit court or 
the judge hefore whom said motion shall he made shall deem 
proper; service of said motion to he made on the plaintiff in 
person or on his attorneys in the action. The circuit courts 
or judges thereof shall have jurisdiction to enforce said in- 
junction and to hear and determine a motion to dissolve the 
same, as herein provided, as fully as if the action were pending 
or hrought in the circuit in which said motion is made. 

The clerk of the court, or judge granting the injunction, 
shall, ivhen required so to do hy the court hearing the applica- 
tion to dissolve or enforce said injunction, transmit without 
delay to said court a certified copy of all the papers on which 
the said injunction was granted that are on file in his office. 

Sec. 4967. Every person who shall print or publish any 
manuscript whatever, without the consent of the author or 
proprietor first obtained, shall be liable to the author or pro- 
prietor for all damages occasioned by such injury. 

Sec. 4968. No action shall be maintained in any case of 
forfeiture or penalty under the copyright laws, unless the 
same is commenced within two years after the cause of action 
has arisen. 

Sec. 4969. In all actions arising under the laws respecting 
coi)yrights the defendant may plead the general issue, and 
give the special matter in evidence. 

Sec. 4970. The circuit courts, and district courts having the 
jurisdiction of circuit court, shall have power, upon bill in 



United States of America 533 

equity, fiJed bj^ any party aggrieved, to grant injunctions to 
prevent the violation of any right secured by the laws respect- 
ing copyrights, according to the course and principles of courts 
of equity, on such terms as the court may deem reasonable. 

The act approved March 3, 1891 (51st Congress, 1st Session, 
chap. 565: 26 Statutes at Large, pp. 1106-1110), in addition to 
the amendments, noted above, of sections 4952, 4954, 4956, 
4958, 4959, 4963, 4964, 4965, and 4967, provides further as fol- 
lows : 

^'That for the purpose of this act each volume of a book 
in two or more volumes, when such volumes are published sep- 
arately, and the first one shall not have been issued before this 
act shall take effect, and each number of a periodical shall be 
considered an independent publication, subject to the form of 
copyrighting as above." (Sec. 11.) 

''That this act shall go into effect on the first day of July, 
anno Domini eighteen hundred and ninety-one." (Sec. 12.) 

''That this act shall only apply to a citizen or subject of a 
foreign state or nation when such foreign state or nation per- 
mits to citizens of the United States of America the benefit of 
copyright on substantially the same basis as its own citizens; 
zens; or when such foreign state or nation is a party to an in- 
ternational agreement which provides for reciprocity in the 
granting of copyright, by the terms of which agreement the 
United States of America may at its pleasure become a party 
to such agreement. The existence of either of the conditions 
aforesaid shall be determined by the President of the United 
States, by proclamation made from time to time as the purposes 
of this act may require.^' (Sec. 13.) 



LIBRARY OF CONGRESS. 

COPYRIGHT OFFICE. 

The Act approved March 3, 1891, amendatory of the copy- 
right law (51st Congress, 1st session, chap. 565, 26 Statutes at 
Large, pp. 1106-1110), specially provides by its thirteenth 
section — 

"That this act shall only apply to a citizen or subject of a 



534 United States of America 

foreign state or nation when such foreign state or nation per- 
mits to citizens of the United States of America the benefit of 
copyright on substantially the same basis as its own citizens; 
or when such foreign state or nation is a party to an inter- 
national agreement which provides for reciprocity in the grant- 
ing of copyright, by the terms of which agreement the United 
States of America may at its pleasure become a party to such 
agreement. The existence of either of the conditions afore- 
said shall be determined by the President of the United States, 
by proclamation made from time to time as the purposes of 
this act may require." 

Only such literary, dramatic, musical, or artistic works, there- 
fore as are the productions of persons who are citizens of 
countries with which the United States have entered into copy- 
right relations can be entered for copyright. 

The following proclamations have been issued by the Presi- 
dent, by which copyright protection is granted in the United 
States to works of Authors who are citizens or subjects of the 
countries named: 

July 1, 1891— Belgium, France, Great Britain and her pos- 
sessions, and Switzerland. (Statutes at Large, vol. 27, pp. 

981, 982. Copyright Office Bulletin, No. 3, pp. 67-68.) 
April le5, 1892— Germany. (Statutes at Large, vol. 27, pp. 1021, 

1022. Copyright Office Bulletin, No. 3, pp. 68-70.) See full 

text below. 
October 31, 1892— Italy. (Statutes at Large, vol. 27, p. 1043. 

Copyright Office Bulletin, No. 3, pp. 70-71.) 
May 8, 1893— Denmark. (Statutes at Large, vol. 28, p. 1219. 

Copyright Office Bulletin, No. 3, p. 71.) 
July 20, 1893— Portugal, (Statutes at Large, vol. 28, p. 1222. 

Copyright Office Bulletin No. 3, p. 72.) 
July 10, 1895— Spain. • (Statutes at Large, vol. 29, p. 871. 

Copyright Office Bulletin, No. 3, pp. 72-73.) 
February 27, 1896— Mexico. (Statutes at Large, vol. 29, p. 

877. Copj-right Office Bulletin, No. 3, pp. 73-74.) 
May 25, 1896— Chile. (Statutes at Large, vol. 29, p. 880. 

Copyright Office Bulletin, No. 3, pp. 74-75.) 
October 19, 1899— Costa Rica. (Statutes at Large, vol. 31, pp. 

1955, 1956. Copyright Office Bulletin, No. 3, pp. 75-76.) 



United States of America 535 

November 20, 1899— Netherlands (Holland) and possessions. 
(Statutes at Large, vol. 31, p. 1961. Copyright Office Bul- 
letin, No. 3, p. 76.) 
November 17, 1903— Cuba. See text, page 3. 
January 13, 1904— China. (Treaty of October 8, 1903, Ar- 
ticle XI.) See text, page 3. 
July 1, 1905— Norway. 

Moreover, the Act cited above provides that the charge for 
recording the title or description of any article entered for 
copyright which is the production of a person who is a citizen 
or subject of any of the countries named above shall be one 
dollar. 

It is therefore necessary in the application for copyright to 
state distinctly the nationality of the Author of the book or 
other production, to determine, first, whether the work is sub- 
ject to the privilege of copyright in the United States, and, sec- 
ond, the amount of fee to be charged for recording the title. 

PROCLAMATIONS ISSUED BY THE PRESIDENT, EX- 
TENDING COPYRIGHT TO CITIZENS OF CER- 
TAIN FOREIGN COUNTRIES: 1891-1904. 

I. -GERMANY. 

BY THE PRESIDENT OF THE UNITED STATES OP AMERICA. 

A Proclamation. 

Whereas it is provided by section 13 of the act of Congress 
of March 3, 1891, entitled "An act to amend title sixty, chap- 
ter three, of the Revised Statutes of the United States, relat- 
ing to copyrights," that said act ''shall only apply to a citizen 
or subject of a foreign state or nation when such foreign state 
or nation permits to citizens of the United States of America 
the benefit of copyright on substantially the same basis as its 
own citizens ; or when such foreign state or nation is a party to 
an international agreement which provides for reciprocity in 
the granting of copyright, by the terms of which agreement the 
United States of America may, at its pleasure, become a party 
to such agreement;" 

And whereas it is also provided by said section that "the 
existence of either of the conditions aforesaid shall be deter- 



536 United States of America 

mined by the President of the United States by proclamation 
made from time to time as the purposes of this act may re- 
quire ; ' ' 

And whereas, in virtue of said section 13 of the aforesaid act 
of Congress, a copyright agreement was signed at Washington, 
on January 15, 1892, in the English and German languages, 
by the representatives of the United States of America and 
the German Empire, a true copy of the English version of 
which agreement is word for word as follows: 

The President of the United States of America and His 
Majesty the Germ^an Emperor, King of Prussia, in the name 
of the German Empire, being actuated by the desire to extend 
to their subjects and citizens the full benefit of the legal pro- 
visions in force in both countries in regard to copyright, have 
to this end, decided to conclude an agreement, and have ap- 
pointed as their plenipotentiaries: 

The President of the United States of America, James G. 
Blaine, Secretary of State of the United States: 

His Majesty the German Emperor, King of Prussia, Alfons 
Mumm von Schwarzenstein, his charge d'affaires near the Gov- 
ernment of the United States of America, who, being' duly au- 
thorized, have concluded the following agreement, subject to 
due ratification: 

Article I. 

Citizens of the United States of America shall enjoy, in the 
German Empire, the protection of copyrights as regards works 
of literature and art, as well as photographs, against illegal 
reproduction, on the same basis on which such protection is grant- 
ed to subjects of the Empire. 

ARTICIiE II. 

The United States " Government engages, in return, that the 
President of the United States shall, in pursuance of section 
13 of the act of Congress of March 3, 1891, issue the proclama- 
tion therein provided for in regard to the extension of the pro- 
visions of that act to German subjects as soon as the Secretary 
of State shall have been officially notified that the present agree- 
ment has received the necessary legislative sanction in the Ger- 
man Empire. 



United States of America 537 

Article III. 

This agreement shall be ratified, and the ratifications shall 
be exchanged at Washington as soon as possible. 

The agreement shall go into operation at the expiration of 
three weeks from the date of the exchange of its ratifications, 
and shall be applicable only to works not published at the 
time when it shall have gone into operation. It shall remain 
in force until the expiration of three months from the day on 
which notice of a desire for the cessation of its effects shall 
have been given by one of the contracting parties. 

Done in duplicate, in the English and German languages, at 
the city of AA^ashington, this 15th day of January, 1892. 

James G. Blaine, [seal] 
A. V. MuMM, [seal] 

And whereas the official notification contemplated by Article 
II of the said agreement has been received by this Govrenment ; 

Now, therefore, I, Benjamin Harrison, President of the 
United States of America, do declare and proclaim that the 
first of the conditions specified in section 13 of the act of March 
3, 1891, is now fulfilled in respect to the subjects of the Ger- 
man Empire. 

In testimony whereof I have hereunto set my hand and 
caused the seal of the United States to be affixed. 

Done at the city of A¥ashington, the fifteenth day of April, 
one thousand eight hundred and ninety-two, and of the Inde- 
pendence of the United States the one hundred and sixteenth. 

Benj. Harrison. 
By the President : 

James G. Blaine, Secretary of State. 

II.-COPYRIGHT-CUBA. 

BY THE president OF THE UNITED STATES OF AMERICA, 

A Proclamation. 

Whereas, it is provided by section 13 of the act of Congress 
of March 3, 1891, entitled ''An act to amend title sixty, chap- 
ter 3, of the Ee vised Statutes of the United States, relating 
to copyrights," that said act ''shall only apply to a citizen or 



538 United States of America 

subject of a foreign state or nation when such foreign state 
or nation permits to citizens of the United States of America 
the benefit of copyright on substantially the same basis as its 
own citizens; or when such foreign state or nation is a party 
to an international agreement which provides for reciprocity 
m the granting of copyright, by the terms of which agreement 
the United States of America may, at its pleasure, become a 
party to such agreement:" 

And Avhereas it is also provided by said section that "the 
existence of either of the conditions aforesaid shall be deter- 
mined by the President of the United States by proclamation 
made from time to time as the purposes of this act may re- 
quire ; " 

And whereas satisfactory official assurances have been given 
that in Cuba the law permits to citizens of the United States 
the benefit of copyright on substantially the same basis as to 
the citizens of Cuba: 

Now, therefore, I, Theodore Roosevelt, President of the 
United States of America, do declare and proclaim that the first 
of the conditions specified in section 13 of the act of March 3, 
1891, now exists and is fulfilled in respect to the citizens of 
Cuba. 

In testimony whereof, I have hereunto set my hand and 
caused the seal of the United States to be affixed. 

Done at the City of Washington this 17th day of November, 
one thousand nine hundred and three, and of the independence 
of the United States the one hundred and twenty-eighth. 

Theodore Roosevelt. 
By the President: 

John Hay, Secretary of State. 



United States of America 539 

IIL-COPYRIGHT TREATY WITH CHINA. 

TREATY BETWEEN THE UNITED STATES AND CHINA FOR THE EX- 
TENSION OF THE COMMERCIAL RELATIONS BETWEEN THEM. 

Signed at Shanghai, October 8, 1903. Ratification advised hy 
the Senate, December 18, 1903. Ratified by the President, 
January 12, 1904. Ratified by China, January 10, 1904. 
Ratifications exchanged at Washington, January 13, 1904. 
Proclaimed, January 13, 1904. 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 

A Proclamation. 

Whereas a Treaty and three Annexes between the United 
States of America and China to extend further the commercial 
relations between them and otherwise to promote the interests 
of the peoples of the two countries, were concluded and signed 
at Shanghai in the English and Chinese languages, on the 
eighth day of October, one thousand nine hundred and three, 
the original of the English text of which Treaty and Annexes 
is word for word as follows: 

The United States of America and His Majesty the Em- 
peror of China, being animated by an earnest desire to ex- 
tend further the commercial relations between them and other- 
wise to promote the interests of the peoples of the two countries, 
in view of the provisions of the first paragraph of Article XI 
of the final Protocol signed at Peking on the seventh day of 
September , a. d. 1901, whereby the Chinese Government agreed 
to negotiate the amendments deemed necessary by the foreign 
governments to the treaties of commerce and navigation and 
other subjects concerning commercial relations, with the ob- 
ject of facilitating them, have for that purpose named as their 
Plenipotentiaries :— 

The United States of America— 

EDWIN H. CONGER, Envoy Extraordinary and Minister Plenipotentiary of 
the United States of America to China — 

JOHN GOODNOW, Consul-General of the United States of America at Shang- 
hai — 

JOHN F. seaman, a citizen of the United States of America resident at 
Shanghai — 



540 ■ United States of America 

And His Majesty the Emperor of China— 

LU HAI-HUAN, President of the Board of Public Works — 
SHENG HSUAN-HUAI, Junior Guardian of the Heir Apparent. Formerly 
Senior Vice-Pre'sident of the Board of Public Works. 

Avho, having met and duly exchanged their full powers which 
were found to be in the proper form, have agreed upon the 
following amendments to existing treaties of commerce and 
navigation formerly concluded between the two countries, and 
upon the subjects hereinafter expressed connected with com- 
mercial relations, with the object of facilitating them. 



articijES rei;Ating to trade-marks, patents, and copyrights. 
Article IX — Trade-marks. 

Whereas the United States undertakes to protect the citizens 
of any country in the exclusive use within the United States of 
any lawful trade-marks, provided that such country agrees 
by treaty or convention to give like protection to the citizens 
of the United States: — 

Therefore the Government of China, in order to secure such 
protection in the United States for its subjects, now agrees to 
fully protect any citizen, firm or corporation of the United 
States in the exclusive use in the Empire of China of any law- 
ful trade-mark to the exclusive use of which in the United 
States they are entitled, or which they have adopted and used, 
or intend to adopt and use as soon as registered, for exclusive 
use within the Empire of China. To this end the Chinese Gov- 
ernment agrees to issue by its proper authorities proclamations, 
having the force of law, forbidding all subjects of China from 
infringing on, imitating, colorably imitating, or knowingly 
passing off an imitation of trade-marks belonging to citizens 
of the United States, which shall have been registered by the 
proper authorities of the United States at such offices as the 
Chinese Government will establish for such purpose, on pay- 
ment of a reasonable fee, after due investigation by the Chin- 
ese authorities, and in compliance with reasonable regulations. 

Article X.— Patents. 

The United States Government allows subjects of China to 



United States of America 541 

patent their inventions in the United States and protects them 
in the use and ownership of such patents. The Government of 
China now agrees that it will establish a Patent Office. After 
this office has been established and special laws with regard to 
inventions have been adopted it will thereupon, after the pay- 
ment of the prescribed fees, issue certificates of protection, 
valid for a fixed term of years, to citizens of the United States 
on all their patents issued by the United States, in respect of 
articles the sale of which is lawful in China, which do not 
infringe on previous inventions of Chinese subjects, in the 
same manner as patents are to be issued to subjects of China. 

Article XI.— Copyright. 

Whereas the Government of the United States undertakes to 
give the benefit of its copyright laws to the citizens of any 
foreign State which gives to the citizens of the United States 
the benefits of copyright on an equal basis with its own citi- 
zens: — 

Therefore the Government of China, in order to secure such 
benefits in the United States for its subjects, now agrees to 
give full protection, in the same way and manner and subject 
to the same conditions upon which it agrees to protect trade- 
marks, to all citizens of the United States who are authors, 
designers or proprietors of any book, map, print or engraving 
especially prepared for the use and education of the Chinese 
people, or translation into Chinese of any book, in the exclusive 
right to print and sell such book, map, print, engraving or 
translation in the Empire of China during ten years from date 
of registration. With the exception of the books, maps, etc., 
specified above, which may not be reprinted in the same form, 
no work shall be entitled to copyright privileges under this 
article. It is understood that Chinese subjects shall be at lib- 
erty to make, print and sell original translations into Chinese 
of any works written or maps compiled by a citizen of the 
United States. This article shall not be held to protect against 
due process of law any citizen of the United States or Chinese 
subjects who may be author, proprietor or seller of any publi- 
cation calculated to injure the well-being of China. 

Thorvald Solberg, 

Register of Copyrights. 



542 Uruguay 

URUGUAY. 

PATENT LAW. 
[November IS, 1885.] 
Title I. 
General provisions. 

Article 1. The Executive Power is hereby authorized to issue 
patents of exclusive privilege in cases of invention or improve- 
ments thereon. 

Art. 2. It is also authorized to grant owners of foreign pat- 
ents the privilege of using them in the country: Provided, That 
the patent has not been used for more than one year, and that the 
applicant is the inventor or his agent or assignee. 

Art. 3. ISTew discoveries or inventions in all industries con- 
fer upon their authors the exclusive right of exploitation during 
the time and under the conditions set forth in this law. 

Art. 4. The following shall be considered new discoveries or 
inventions: N"ew industrial products, new means, and new appli- 
cation of means already known, for obtaining an industrial result 
or product. 

Art. 5. Patents of privilege shall not be granted to financial 
schemes ; discoveries or inventions that are sufficiently known in 
the country, or abroad, through printed books, pamphlets, or 
periodicals; devices that are purely theoretical, the usefulness of 
which has not been practically demonstrated; pharmaceutical 
compositions ; and anything contrary to good morals or to the laws 
of the Eepublic. 

Art. 6. The nation shall not guarantee either the merit, or the 
priority, of the discoveries or inventions. 

Art. 7. Patents shall be granted for three, six, and nine 
years, according to the will of the applicant. 

Art. 8. For the granting of each patent a fee of twenty-five 
dollars per year shall be paid as long as the privilege lasts. 

Art. 9. The payment of the annual fee shall be made in the 
Office of Public Credit, within the first ten days of each year, 
under penalty of forfeiture or annulment of the patent, and the 



Uruguay 543 

patent shall not be delivered to the applicant, until he proves to 
have paid the first annual payment. 

Art. 10. After the expiration of the ten days mentioned in 
the above article without the payment having been made, the 
Executive Power shall admit, and in its case prefer, the applica- 
tions for privileges of the same nature that may be made by 
others. 

Art. 11. AVhen the patent granted pertains to industries which 
may affect public health or comfort, the Executive Power shall, 
upon the report of the Council of Public Health, designate, at its 
discretion, a convenient place where the industries to which the 
privilege refers shall be located. 

Art. 12. The new industry having been established within the 
period fixed by the Executive Power, the patentee shall, by means 
of an application to be filed at the Patent Office, give notice of 
the fact and indicate the place where the establishment is situated. 
This application shall be referred to the G-eneral Director of Pub- 
lic Works and to the Board of Health, so as to ascertain whether 
all the requirements of law have been fulfilled. 

Art. 13. If through superior force, or accident, duly proven, 
the establishment of the industry within the time fixed by the 
Executive Power under article 11 becomes impossible, the patentee 
shall have the right to apply to the legislative body for an exten- 
sion of time. This application, however, shall be made at least 
three months before the time expires. 

Title II. 

Bureau of patents. 

Art. 14. The patents referred to in the above articles shall 
be issued on proper stamped paper, by the Division of Trade 
marks, which, after the promulgation of this law, shall be called 
^'Bureau of Patents of Inventions and Trade Marks." The patents 
shall be issued under the seal and signature of the Secretary for 
the Department of Government, the Chief of the Bureau before 
mentioned attesting his signature. 

Art. 15. The personnel of the Bureau shall consist of a Chief 
and a Secretary, with the salaries assigned to them by law. 

Art. 16. Xo employee of this Bureau shall have, directly or 
indirectly, any interest in the patents with which he has to deal; 



544 Uruguay 

otherwise^ he shall incur, upon conviction, the penalty of imme- 
diate dismissal. 

Art. 17. The Chief of the Bureau is responsible before the 
Government for all the papers and objects intrusted to his care 
and shall preserve them with the greatest care and attention. 

Art. 18. This Bureau shall depend directly upon the Depart- 
ment of Government. 

Title III. 

Formalities for the granting of patents. 

Art. 19. Every person desiring to obtain a patent of inven- 
tion shall make an application in writing, on stamped paper of the 
class costing $1 a sheet, addressed to the Secretary 'of Government. 
This application shall be handed to the Chief of the Bureau of 
Patents of Inventions and Trade Marks, who shall file it at once, 
and cause it to take its proper course. 

A statement showing the day and hour of the filing of the ap- 
plication shall be written at the foot thereof by the Chief of the 
Bureau. 

Art. 20. The application shall be accompanied by a clear and 
succinct description, in duplicate, of the invention, or improve- 
ment, and also by specimens, drawings, or models, according to 
the nature of the case. The applicant in all cases shall declare 
upon oath that the ownership of the invention belongs to him. 
He shall also request that a patent insuring his rights be issued 
in his favor. 

The exhibits filed with the application must be made out of 
durable materials and with proper prolixit}^ 

Art. 21. The application shall be limited to asking the priv- 
ilege and stating the length of time for which it is desired. It 
shall contain neither restrictions, conditions, nor reservations. It 
shall set forth the name by which the invention is to be known, 
and shall be written in Spanish. If corrections or additions have 
been made in the text due notice of the fact shall be given at the 
end of the document. The drawings accompanying it shall be 
made with ink, and according to the metric system established in 
the Eepublic. 

Art. 22. The patent shall be issued in the name of the nation 



Uruguay 545 

and shall consist of the decree that grants it, accompanied by 
the duplicate of the description and of the drawings. 

Art. 23. The concession of a patent shall not prevent the ob- 
jections mentioned in article 35 from being made. 

Art. 24. The Chief of the Bureau of Patents shall transmit 
every three months to the Government for publication a succinct 
and detailed report of the patents issued. 

Art. 25. He shall also submit annually to the Director-Gen- 
eral of Statistics a list of the patents granted, showing the time 
of their respective duration, and the sum paid by the patentees. 

Art. 2fi. The Bureau of Patents shall publish every two years 
in a volume all the records of the cases in which patents have 
been granted, said records to be accompanied by the respective de- 
scriptions, models, and drawings. 

Title IV. 

Certificates of improvements. 

Art. 27. Improvers of a patented invention or discovery shall 
have the right to apply for an "additional certificate," which, how- 
ever, shall never be granted for a longer time than that which 
remains of the original patent. 

The "additional certificate^^ shall be issued on proper stamped 
paper and shall be signed and sealed by the Secretary of Govern- 
ment and attested by the Chief of the Bureau of Patents. 

Art. 28. To obtain an "additional certificate," it shall be nec- 
essary for the applicant to fulfill the same formalities as are re- 
quired for a patent, with the exception that the fee shall be one- 
third of the original, if the applicant is the patentee, and two- 
thirds if someone else. 

Art, 29. Grantees of "additional certificates" being others 
than the patentee shall not enjoy in full the rights of inventor, 
except on condition of paying a royalty to the original inventor, 
the value of which shall be determined by two experts named 
b}'' the parties interested, and an umpire in cases of disagreement, 
taking into account for this purpose the importance of the improve- 
ment and the part it still keeps of the original invention. 

Art. 30. The patentee shall have the right to choose either 
the royalty referred to in the foregoing article or the exploitation 
of the improvement in conjunction with the improver. 



546 Uruguay 

If he chooses the latter^ an additional patent^ with the same 
rights and requisites as granted to the improver^ shall be issued 
in his favor. 

Art. 31. In no case shall the improver acquire the right of 
exclusively exploiting the original invention. N'either can the 
first inventor exploit the improvement, except in the case pro- 
vided by the foregoing article. 

Art. 32 If two or more persons apply at the same time for a 
patent for the same invention, or for an "additional certificate^^ 
for the same improvement, no action shall be taken upon their ap- 
plications until they come to an agreement. 

Title V. 

Transfer of patents. 

Art. 33. The grantee of a patent or "additional certificate'' 
shall have the power to transfer his rights, on such conditions as 
he may deem advisable : Provided, That the transfer is witnessed 
by a public document, executed upon notice to the Bureau of Pat- 
ents, without which requisite the transfer shall have no value. 

Art. 34. All the rights granted to a patentee shall be under- 
stood to be attached to the patent, and shall be transferred with it, 
except upon express stipulation to the contrary. 

Title VI. 

Nullification and extinction of patents. 

Art. 35. Patents or certificates obtained in violation of article 
5 shall be void. Those obtained through false testimony or pre- 
tenses shall also be void. When the description proves to be in- 
correct, or incomplete, and when a foreign invention is made to 
appear as domestic, the author of the false statement shall be- 
punished with a fine of five hundred dollars or six months' im- 
prisonment. 

Art. 36, Valid patents shall become extinct in the following 
cases : A^Hien the industry to which they refer has not been estab- 
lished in the country within the time, or under the conditions, 
set forth in the concession; when the time for which the patent 
was granted has expired; when the exploitation of the industry 
has been discontinued for one year, except in case of accident or 



Uruguay 547 

superior force, whicli the patentee shall have to fully prove within 
one month. At the expiration of this time, if said proof has not 
been furnished, the Bureau of Patent shall publish through the 
press that the privilege has become extinct. 

Art, 37. Upon the failure by the patentee to comply with the 
provision of article 12, the Bureau of Patents shall summon him 
by means of the newspapers, and give him one month to comply 
with said provision. If at the expiration of this time he has not 
entered his appearance, the patent shall be invalidated, and notice 
of the extinction thereof shall be published in the press as in the 
case of the foregoing article. 

Art. 38. The action for the nullification or extinction of a 
patent can only be brought before the Civil courts by persons hav- 
ing an interest in it. 

Art. 39. Judicial declaration of the nullification or extinc- 
tion of a patent is not indispensable to cause the invention or dis- 
covery to become, public property. The mere fact of the extinction 
or nullification shall be sufficient in itself to enable all persons 
to exploit it. 

Art. 40. Tf the ow^ner of an extinct or null patent should ob- 
struct the free exploitation of the same by means of lawsuits, or 
in any other way, the civil courts shall be open to all to secure 
the proper remedy upon proof of the extinction or nullification 
of the patent. 

Art. 41. The proceedings in these cases shall be brief. iVll 
kinds of legal evidence shall be admitted, but none shall be re- 
ceived which tends to contradict the documents issued by the 
Bureau of Patents. The time to file evidence shall in no case ex- 
ceed twent}^ days, and the decision shall be rendered within the 
period of ten days thereafter. The decision shall order the party 
losing the case to pay the costs. 

An appeal may be taken to the Superior Court of Appeals, 
which after hearing the Report of the Bureau of Patents shall 
finally decide the case. 

Art. 42. As soon as the extinction or nullification of a patent 
is formally declared, the court shall give information of the fact 
to the Chief of the Bureau of Patents, who shall cause it to be 
published at once. 



548 TJkuguay 

Title VII. 
Prosecution mid punishment of infringements. 

Art. 43. The usurpation of the rights of a patentee shall be 
considered a criminal offense^ punishable with a fine of from $100 
to $500^ or with imprisonment from one to six months, the loss 
of the articles and an indemnification for damages. 

Aet. 44. Those who, knowingly, cooperate in any way what- 
ever to the infringement, shall be punished with the same penalties 
provided in the foregoing article. 

Art. 45. These penalties shall be doubled in case of a second 
offense having been committed within five years of a former con- 
viction. 

Art. 46. The fact that the infringer was a workman or em- 
ployee of the patentee, or obtained by deceit knowledge of the 
invention, shall be considered an aggravating circumstance. 

Art. 47, The action against the infringers is private, and shall 
be brought before the Criminal Court. The patent shall be filed, 
together with the complaint, otherwise the court shall take no 
action. 

Art. 48. The defendant can only allege in his favor the nulli- 
fication or extinction of the patent, his having an interest in it, 
or his exclusive ownership thereof. 

Art. 49. The plaintiff has the right to compel the defendant 
to give bond, but shall not interrupt him in the exploitation of 
the invention if he wishes to continue it. 

If securit}^ is not given, the plaintiff shall have the right to 
request the suspension of the exploitation of the industry, and 
even the attachment of the effects that constitute it, giving in 
this case, if required, the proper security. 

Art. 50. All those who, without having obtained a patent, or 
not lawfully enjoying the privileges thereof, should assume the 
rights of a patentee, shall be considered infringers, and shall be 
subject to the penalties established by law." 

Title VIII. 

Final provisions. 

Art. 51. Copies of the records, models, etc., in patent cases, 
shall be given by the Bureau of Patents to the patentees alone, or 



Uruguay 549 

to their agents or assignees, during the time of the patent. After 
the expiratioD of this time the application may be made by any- 
one. 

Art. 52. The Secretary of Government shall order the copies 
referred to in the foregoing article to be made at the expense of 
the applicant, on stamped paper of the second-class. The appli- 
cant shall pay at the rate of $2 per written page. The costs of 
the drawings, m.aps, models, etc., shall be paid extra, according 
to appraisement made by the Director of Public Works at the 
request of the Department. 

Art. 53. The amount realized from patent fees and fines under 
the present law shall be applied to meet the general expenses of 
the nation. 

Art. 54. The Chief of the Bureau of Patents shall keep such 
books as may be necessai-y for the transaction of the patent and 
trade mark business, and the folios of the said books shall be 
signed by the Chief Clerk of the Department. 

The entries made in these books shall contain: 

1. A description of each patent granted, its class, date, dura- 
tion, and all other particulars which may be deemed necessary for 
identification. 

2. A memorandum of the applications filed, stating the name 
of the applicants, the nature of the patents applied for, and the 
dates of the filing thereof. This memorandum shall be signed in 
the book by the applicant. 

Art. 55. The law of June 20, 1853, and all others contrary to 
the present one are hereby repealed. 

RULES FOR THE APPLICATION" OF THE PATEi^TT LAW. 

[November 16, 1885.] 

Article 1. The Bureau of Patents and Trade Marks is here- 
by authorized to take cognizance of applications for patents and 
trade marks, and to submit them in due time, for decision, to the 
Department of Grovernment. 

Art. 2. All rules and decrees of interlocutory character shall 
be signed by the Chief of the Bureau and countersigned by the 
Secretary. 

Art. 3. When the owner of a foreign patent desires it to be 
recognized in the Republic, it shall be necessary for him to prove 



550 Uruguay 

that not more than one year has elapsed since the patent was 
granted^ and that he is either the inventor or the inventor's at- 
torne}^ or assignee. 

All documentary evidence tending to prove these facts shall 
be filled with the application. Otherwise, the latter shall not be 
taken into consideration. 

Aet. 4. Before issuing a patent an order shall be made re- 
quiring the applicant to pay in advance the annual quota to which 
article 9 of the law refers. The receipt of that amount, executed 
by the head of the Office of Public Credit, shall be filed and pre- 
served with the papers in the case. This having been done the 
whole record shall be submitted to the Secretary of G-overnment. 

Art. 5. If the applicant should fail to pay v^ithin ten days 
after ordered to do so, the quota referred to in the foregoing arti- 
cle, the Bureau of Patents shall make a memorandum of the fact 
for the purposes of article 10 of the law. 

Art. 6. All patentees shall, in compliance with articles 8 and 
9 of the law, file every year in the Bureau of Patents the receipt 
of the Chief of the Office of Public Credit showing that they have 
paid in due time their annual quota. This receipt shall be filed 
with the papers in the case. 

If this provision is not complied with within the legal period 
the Chief of the Bureau of Patents shall report the fact to the 
Minister of Government. 

Art. 7. The agreement referred to in article 32 of the law 
shall be proven by a document in writing executed before a notary 
public. 

Art. 8. In addition to the books required by article 54, the 
Bureau of Patents shall keep the following, all the folios of which 
shall be signed by the Chief Clerk of the Department of Grovern- 
ment: 

1. A book of fees, where the entry shall be made of all the sums 
paid to the Government for the issuing of patent certificates, 
copies, etc. 

2. A book of transfers for the purposes of article 33. 

3. A register of all the orders, whether executive or judicial, 
directing the forfeiture or extinction of patents. 

Art. 9. The granting of certificates (art. 28) shall be regu- 
lated by the provisions of articles 4 and 5 of the present decree. 
Art. 10. The Bureau of Patents shall not take action on any 



Uruguay 551 

application for patents without making at the foot thereof a state- 
ment in writing that no other patent of a similar character and 
still in force has been granted, this statement to be made upon 
examination of the archives. 

Art. 11. When the patent applied for has been already granted 
and is in force, the Bureau of Patents shall immediately trans- 
mit the application with its report to the Secretary of G-overn- 
ment. 

TRADE MARK LAW. 

[March 1, 1877.] 

Chapter I. 

General provisions. 

Article 1. A Bureau of Trade Marks is hereby created in the 
Department of Government. 

Art. 2. Trade marks are denominations of articles, or names 
of persons, in some particular form; emblems, monograms, en- 
gravings, or prints; seals, vignettes, and stamps in relief; letters 
and numerals with a special design; casks or wrappings of arti- 
cles; or any other sign by which the products of a factory or the 
articles of a trade are to be distinguished. 

Art. 3. The mark can be placed upon the casks or wrappings 
or upon the articles themselves. 

Art. 4. The following shall not be considered trade marks: 

1. Letters, words, names, or distinctive designations used or 
to be used by the Government alone. 

2. The shape or form given to the article by the manufacturer. 

3. The color of the products. 

4. Terms or expressions which have become of general use. 

0. Designations usually employed to indicate the nature of the 
products, or the class to which they belong. 

6. Drawings or expressions contrary to morals. 

Art. 5. The exclusive ownership of a trade mark, as well as 
the right to oppose the use of the same, or of any other which 
directly or indirectly may produce confusion, shall be vested in 
the manufacturer or merchant who has complied with the re- 
quirements of the present law. 

Art. 6. The exclusive ownership of a trade mark is only ac- 
quired with relation to industries of the same kind. 



553 Uruguay 

Art. 7. The use of the mark is optional. It shall, never- 
theless, be compulsory if the necessities of the public good demand 
it. 

Art. 8. The ownership of a mark passes to the heirs, and can 
be conveyed by contract or testamentary disposition. 

Art. 9. The transfer or sale of the business includes that of 
.the trade mark, unless something to the contrary has been stipu- 
lated. The successor in the business shall have the right to use 
the trade mark, even if it be a name, exactly in the same way 
as the former owner did, with no other restrictions than those 
expressly set forth in the agreement of sale or transfer. 

Art. 10. The transfer of a trade mark shall be recorded at 
the office of the Department of Government, where the mark it- 
self was registered. Otherwise the transferee shall have no right 
to use it. 

Art. 11. Trade marks shall be considered in use for the pur- 
poses of the ownership granted by the present law when proven by 
the proper certificate of the Department of G-overnment, and not 
otherwise. 

Art. 12. The protection of the rights of the owner of a trade 
mark shall last only ten years. This term may be extended in- 
definitely for periods of the same length, upon fulfillment of all 
necessary formalities and the payment of the fees hereinafter to 
be established. 

Chapter II. 

Formalities for acquiring the ownership of the trade marhs. 

Art. 13. All those wishing to secure the ownership of a trade 
mark shall file an application to that effect at the ' Department 
of Government. 

Art. 14. The application shall be accompanied — 

1. By two copies of the mark, the exclusive use of which is 
desired. 

2. By a description, in duplicate, of the mark, if it consists 
of figures or emblems. This description shall set forth the class 
of articles to which the mark is to be afiixed and also whether 
said articles are the special products of a factory or articles be- 
longing to a trade. 

3. By a receipt showing that the applicant has paid in the 



Uruguay 553 

.General Treasury the amount of the fee established by article 20. 

4. By a power of attorney, if the application is made by 
proxy. 

Art. 15. Upon the filing of the application a brief state- 
ment of the contents thereof shall be entered in a book kept for 
this purpose, giving the day and hour on which the application 
was filed. The pages of this book shall be numbered and signed 
or authenticated by the Secretary of Government. 

The statement herein referred to shall be signed by the officer 
in charge of this business and also by the applicant. The latter 
shall be given, if he asks for it, a certified copy of the entry, mth- 
ont incurring thereby more expense than the cost of the stamped 
2)aper on which the copy is to be written. 

Art. 16. Priority of ownership of a trade mark shall be de- 
termined according to the day and the hour of the filing of the 
petitions in the Department of Government. 

Art. 17. The certificate of ownership of the trade mark to be 
issued by the Division of Patents of the Department of Govern- 
ment shall consist of a certified copy of the Executive decree which 
granted it, accompanied by a duplicate of the description and 
drawings. It shall be issued in the name of the nation under the 
authority of the Government. It shall be signed by the Secretary 
of Government, and the seal of the Department of this name shall 
be affixed to it. 

Art. 18. A motion to reconsider shall be allowed whenever the 
decision of the Department refuses to recognize the ownership 
of a trade mark. The motion is to be filed within ten days sub- 
sequent to the decision, and the Secretary of Government, after 
hearing the opinion of the Attorney-General, shall affirm or 
amend his decision. 

x4.RT. 19. The Division of Patents shall keep a book wherein all 
the concessions of trade marks shall be entered in chronological 
order. The clerk in charge of this book shall submit every three 
months to the Secretary of Government a list of the certificates 
v/hich have been granted during the period and of those which 
have been refused. The dates in each case shall be carefully given. 
This list shall be published. 

Art. 20. The following fees shall be paid: 

1. For the registration and certificate of a trade mark, of 
whatever origin, $50 in gold. 



554 Uruguay 

2. For the registration and certificate of a transfer, $25 in 
gold. , 

3. For each authenticated copy which may thereafter be de- 
sired of the said certificate, $4 in gold, in addition to the cost of 
the stamped paper on which the document is to be written. 

Art. 21. The trade marks referred to in the certificates, and 
the applications and descriptions filed for the purpose of obtain- 
ing them, shall be preserved in the archives of the Division of 
Patents. 

' Art. 22. All persons wishing to examine the trade marks and 
the descriptions thereof preserved at the division aforesaid, shall 
be permitted to do so. 

Chapter III. 
Names as trade marhs. 

Art. 23. The name of a merchant, or of a firm, and the sign 
or designation of a business house, store, or establishment deal- 
ing in some particular articles, constitute industrial property for 
the purposes of this law. 

Art. 24. If a merchant wishes to engage in an industry in 
which another person is already engaged under the same name, 
or the same conventional designation, he shall amend the name 
or designation already in use, so as to make it visibly different 
from the new one. 

Art. 25. If the party injured by the use of a name of manu- 
facture or trade does not make any complaint within one year, to 
be counted from the date on which the said use began, all com- 
plaints on his part shall be barred by limitation. 

Art. 26. Corporations and individual persons shall have in 
regard to their names exactly the same rights, and they shall be 
also subject to the same restrictions. 

Art. 27. The exclusive right to use a name as industrial prop- 
erty shall terminate with the existence of the business house or 
establishment to which it belongs, or- with the cessation of the 
industry to which it refers. 

Art. 28. The registration of a name is not necessary to secure 
for it the rights granted by this law, unless in case that the name 
forms part of a trade mark. 



Uruguay 555 

Chapter IY. 

Penal 'provisions. 

Art. 29. The following shall be punished with fines ranging 
fiom $100 to $500, or with imprisonment from fifteen days to 
one year : 

1. Those who counterfeit or adulterate in any way whatever a 
trade mark. 

2. Those who affix upon their products, or the articles of their 
trade, a mark belonging to others. 

3. Those who knowingly sell, offer for sale, or consent to sell 
or circulate, articles bearing a counterfeited trade mark, or a 
mark fraudulently affixed upon them. 

4. Those who knowingly sell, ofier for sale, or consent to sell, 
counterfeited trade marks, and those who sell genuine trade marks 
without the consent of their owners. 

5. Those who affix, or cause others to affix, upon some article 
any false statement or declaration relating either to the nature of 
the article, its qualit}^, quantity, number, weight, measure, or to 
the place or country of its origin. 

6. Those who knowingly sell, offer for sale, or consent to sell 
articles of merchandise bearing the false statements or declarations 
referred to in the foregoing paragraph. 

In cases of second offense the penalties shall be doubled. 

Art. 30. To constitute an offense within the meaning of the 
foregoing article it is not necessary for the infringement to em- 
brace all the articles to be protected by the mark. It shall suffice 
for the wrong to have been done in reference to only one object. 

Art. 31. Simple attempts shall not carry with them penal 
or civil responsibility; but they shall, nevertheless, authorize the 
destruction of the counterfeiting tools or instruments which were 
to be used. 

Art. 32. Those who sell or offer for sale merchandise bearing 
usurped or counterfeited marks shall be bound to communicate 
in writing to the lawful proprietors, the names and addresses of 
the persons from whom they have received it and the date when 
the sale began. Should they refuse to give this notice, they may 
be legally compelled to do so under penalty of being considered 
accomplices. 

Art, 33. ]\lerchandise bearing counterfeited marks found in 



556 Uruguay 

the possession of the counterfeiter or his agents shall be confiscated 
and sold. The proceeds of the sale/ after paying the expenses and 
the indemnities provided for by this law, shall be applied to the 
school fund of the Department where the confiscation took place. 

Art. 34. Counterfeited marks found in possession of the 
counterfeiter or his agent shall be destroyed. The instruments 
which have been used for the counterfeiting shall also be destroyed. 

Art. 35. No criminal prosecution shall be started in these 
cases by the Government. The right to prosecute belongs exclu- 
sively to the private parties whose rights and interests are af- 
fected by the infringement. The Government may, however, be- 
come a part}^ to the proceedings after they are started. 

The complainant may desist from the prosecution of his case at 
any time before the decision. 

Art. 36. Parties wronged through the violation of any of the 
provisions of this decree shall have an action for damages against 
the wrong-doers and their accomplices. 

All sentences passed against infringers shall be published at 
their expense. 

Art. 37. Civil and criminal actions in these cases shall be 
barred by limitation three years after the date of the infringement, 
or of its repetition, or one year after the date on which the owner 
of the mark first knew of the infringement. 

The period of limitation may be. interrupted by the same facts 
and circumstances as in all other cases under the law. 

Art. 38. The provisions of the present chapter shall be ap- 
plicable to all those who-, without any right to do so, make use of 
the name of a merchant, a firm, or the sign or designation of a 
business house, store, establishment, or factory, as set forth in 
articles 23 to 28 of the present law. 

Chapter Y. 

Special provisions. 

Art. 39. Business people who at the time of the promulgation 
of this law are possessed of a trade mark to be used within the 
territory of the Eepublic shall have to comply with the condi- 
tions established in the present law if they wish to continue to 
enjoy the exclusive right to use it. A period of six months, to be 



Uruguay 557 

,co anted from the elate of publication of the present law, is granted 
them for this purpose. 

Art. 40. If before the publication of this law, different per- 
sons engaged in industrial pursuits have made use of the same 
mark, the exclusive right to use it shall be recognized in favor 
of the one who proves to have been the first user. 

If the priority of use can not be established, the ow^nership shall 
be given to the one who has command of best elements of pro- 
duction. 

Art. 41. Xo claim to the ownershi23 of a trade mark on the 
ground that it was used before the publication of this law shall 
be allowed, unless the mark has been registered within the period 
granted in article 39. ' . " 

Art. 42. No certificate of ownership of trade marks shall be 
issued during the period of one year, to be counted from the date 
of the publication of this law, without first publishing in a news- 
paper of the capital of the Eepublic, and in another of the place 
of residence of the interested party, at the latter's expense, and 
for eight days, the application made to obtain it. 

Art. 43. Foreign marl<:s shall not enjoy the guarantees of the 
present law unless they are registered, as provided by it. The 
owners of said marks, or their duly authorized agents, shall be 
the only ones allowed to apply for said registration. 

Chapter VI. 
Final provisions. 

Art. 4.4. After the filing by an attorney, at the Patent Office, 
of the power of attorney which accredits him in that capacity, 
said power of attorney being in due form as required by the said 
office, and after the recording of the same instrument, the Patent 
Office shall deal only with the said attorney, and it shall not com- 
municate with the principal as long as the power of attorney re- 
mains unrevoked. If the applicant for a patent certificate has 
assigned or transferred his rights or claims to some other person 
before the certificate is issued, the office shall recognize the as- 
signee or transferee, provided that he files proper evidence that 
the assignment or transfer was made. 

Art. 45. The applications and descriptions or specifications 
shall be written in a clear, legible hand, and all clerical errors 



558 Ukuguay 

oecarring therein and needing correction shall be stated under 
the petitioners signature at the end of the document. 

The applications and descriptions or specifications shall be writ- 
ten on stamped paper of the ordinary class. 

All these documents shall be prepared in the usual official form, 
leaving on the left side a margin equal to one-third of the page. 

Art. 46. All drawings shall be made in this way: one copy 
on linen or cotton paper pasted on canvas and the other on vegeta- 
ble or thin linen paper, which may be easily folded. -Upon both 
copies the proper seal shall be stamped. The drawing on thin 
vegetable paper, together with one copy of the description or 
specification, and the certificate issued, shall constitute the record 
to be delivered to the applicant. The other drawing, together with 
the application, description, etc., shall be preserved in the archives. 

Art. 47. Certified copies of powers of attorney used in these 
cases shall be written on stamped paper of the class provided 
by law. 

Art. 48. Whoever may desire to obtain a patent certificate 
shall file his application in the manner and form provided in arti- 
cles 14, 15, and 16 of the present law. 

Art. 49. If the application is in proper form, an extract of 
its contents shall be entered on the books as provided by article 
15 of this law. 

Art. 50. The certificate shall be written on a detachable blank, 
with stub, of a book kept for this purpose. This blank shall be 
stamped according to the law regulating the price of stamped 
paper. 

Art. 51. In the departments the deposit ordered by article 14 
of this law shall be made in the respective post-office. 

Art. 52. The Patent Office shall provide the post-offices with 
the books in which the applications for patent certificates shall 
be entered, when made in due form according to the present law. 

Art. 53. The books, so forwarded to the post-offices and the 
book of patent certificates shall have their leaves signed by the 
Secretary of Government. 

Art. 54. As soon as the postmasters shall receive an applica- 
tion for a patent certificate they shall forward it to the Patent 
Office, together with a certified copy of the entry thereof made 
by them on the above named book, and specifications, drawings, 
and proper proof that the fees required by . this law have been 



Uruguay 559 

paid. Until this payment is made no action shall be taken in 
the case. 

Art. 55. The officer in charge of these matters in the Patent 
Office shall, as soon as he receives from a postmaster the docu- 
ments referred to in the preceding article, acknowledge the re- 
ceipt thereof, and enter on his own books a full statement of the 
case. In due time he shall send to the postmaster, for trans- 
mission to the interested party, either the certificate, if it is 
granted, or notice of the decision by which it was refused. 

Art. 56. When all the requisites established by this law have 
been duly complied with, the trade mark certificate shall be de- 
livered to the interested party. 

DECKEE OF APRIL 29, 1885, EELATIKO TO TRADE 

MARKS. 

Montevideo^ April 29, 1885. 

The attention of the Government having been called to the 
frauds perpetrated by parties falsely advertising certain trade 
marks as entered in the Official Register created by the law of 
March 1, 1887, and whereas it is necessary to prevent the provis- 
ion of N^o. 3, article 29, of the said law from being violated to the 
injury of the merchant or manufacturer, and also of the Treas- 
ury which fails to receive the respective fees : 

Therefore, the President of the Republic does hereby decree: 

Article 1. All those who should use trade marks and add to 
them a false statement that they have been entered in the National 
Register, according to the law of March 1, 1877, shall be deemed 
guilty of fraud and shall incur the penalties established in article 
29 of the said law. 

Art. 2. The Division of Trade Marks shall communicate to 
the district attorney, in order that he may start the proper prose- 
cution, the names of the business men or merchants who may be 
found guilty under the provisions of the preceding article. 

Art. 3. Information of the same character shall be trans- 
mitted to the Political Chief, who shall publish it in the official 
newspaper for three consecutive days. 

Art. 4. The sums received from these fines shall be applied 
to the support of infant asylums. 



560 Uruguay 

opinio^^ of tpie attoeis^ey-geneeal upon the use of labels 

COXTAINIiiTG THE WORDS '^REGISTERED MARK/^ 

"Office of the Attorney-General. 
. "Most Excellent Sir: The decree of April 19 of the present 
year^ provides that the use of marks containing the false statement 
that they have been entered in the National Eegister, or some- 
thing else to the same effect, is fraudulent and punishable; but 
nothing in this language can be construed as being applicable to 
the case in which the words '^Kegistered Mark/ without referring 
at all to the National Eegister, form a part of the labels employed 
in foreign factories to distinguish the product. 

"In the two cases to which the Trade Marks' Office refers it 
is proven that the words ^Kegistered Mark' refer to the country 
where the articles were manufactured, said articles being sold here 
without changing the wrappings or casks in which they were re- 
ceived. 

"Under these circumstances it is impossible to consider that the 
merchants who sell here in their establishments imported articles 
as they are received may in any way be guilty of fraud under the 
provisions of the above cited decree, much less so when according 
to article 13 of the law of 1877, trade marks registered abroad do 
not enjoy the guarantees granted by our law unless they are in- 
scribed in the National Eegister, and no one can do this except 
the owners themselves or their duly authorized agents. 

"It is clear, therefore, that it would be unjust to prosecute 
merchants who, taking advantage of their just rights, sell foreign 
trade marks with the same wrappings and labels used by the manu- 
facturers thereof. 

"Your Excellency may therefore decide, if he deems proper, 
that in cases like this the Trade Marks' Office has no right to 
prosecute. 

"Teofilo E. Diaz. 

niONTEVIDEO, JlJt/ 27, 15^5." 

The aforesaid opinion was approved by the Secretary of G-overn- 
ment by decree of July 28, 1885. 



Venzuela 561 

VENEZUELA. 

PATENT LAW. 
[May 25, 1882.] 

The Congress of the United States of Venezuela decrees: 

Article 1. Any person who invents or discovers any new 
and useful art, machine, manufacture, or coinposition of sub- 
stances, or some new and useful improvement of the aforesaid 
objects, can obtain a patent of invention after paying the tax 
established by this law, in accordance with its stipulations, pro- 
vided the invention, discovery, or improvement be not already 
known and used by other persons in this country, nor patented 
and described in printed publication in the Republic or abroad, 
or been used by the public and sold for more than two years 
before the date of the application, unless it can be proved that 
it had been abandoned. 

Art. 2. The patents shall be issued by the Federal Exeicutive^ 
in the name of the United States of Venezuela, and counter- 
signed by the minister of fomento. 

Art. 3. The Government does not guarantee the, exactness, 
usefulness, or priority of the invention or discovery patented. 

Art. 4. Any person wishing to obtain a patent must add to 
the application a description of the invention or discovery, ma- 
chine, composition, or improvement, indicating accurately its 
nature and object. He shall also submit the corresponding 
drawings or samples. 

Art. 5. Applicants in their petitions for patents must de- 
clare, under oath, that they are really the inventors or discov- 
erers of the art, machine, manufacture, composition, or im- 
provement for which they desire a patent All controversies 
which may arise through the inaccuracy of declarations shall 
be submitted by the interested parties to the Federal courts of 
justice^ ' - - ' - 

Art, 6. Patents shall be granted for a term of five, ten, or 
fifteen years, and become extinct six months, one year, or two 
years after they have been granted if during these terms the 



562 Ven-zuela 

invention or discovery for which the patent has been granted 
has not been put into practice. 

Sole paragraph. — The patent shall specify the term within 
which it lapses, and the time granted for its duration shall be 
reckoned from the date on which the patent shall have been 
granted. 

Art. 7. Applications for patents shall be addressed to the 
Federal Executive through the minister of fomento. 

Art. 8. After having complied with the provisions estab- 
lished in this law, a patent shall be issued to the petitioner, 
which shall empower him to put into practice his invention, 
discovery, or improvement within the United States of Ven- 
ezuela and its territories. This patent shall be issued by the 
Federal Executive through the department of fomento, accord- 
ing to the form immediately following the present article, and 
shall contain a short title or description of the invention or 
discovery, setting forth precisely its nature and purpose, and 
a concession to the patentee, his heirs or assigns, for the exclu- 
sive right to manufacture, use, or sell the invention or dis- 
covery. 

FORM. 

"The President of the Republic, with the affirmative vote of 
the Federal council. 

"Whereas X has applied to the Federal Executive for a pat- 
ent for [here the industry], and having complied with the pro- 
visions established by the respective law [date of the law] : 

"Therefore, according to article 8 of the aforesaid law, and 
in the name of the United States of Venezuela, I issue unto him 
the present patent for the exclusive right of working the above- 
described industry for a period of years. The Federal 

Executive does not guarantee the exactness, usefulness, or pri- 
ority of the discovery or invention patented. 

"This patent shall lapse after , to be reckoned from 

this date, if during this lapse of time the aforesaid industry be 
not put into practice. 

"Signed, sealed, and countersigned in the Federal Palace of 
Caracas, etc." 

Art. 9. Patents are subject to a yearly tax of 80 bolivars 
($16 United States currency) when granted for an invention 



Venzuela 563 

or discovery, and to a yearly tax of 60 bolivars ($12) when 
granted for improved methods. 

Art. 10. The amount of the tax mentioned in the above 
article shall be deposited in the national treasury of public 
service. Any person desiring to obtain a patent from the Fed- 
eral Executive shall, on applying for it according to article 7, 
attach to his petition a voucher proving that he has paid the 
tax corresponding to half the number of years for which the 
patent is asked. 

In case the patent can not be granted according to the pro- 
visions of this law, the petitioner shall forfeit the sum deposited 
as a tax in favor of popular instruction; and when the patent 
is granted to him, this sum shall be deducted from the aggre- 
gate he shall have to pay during the term the patent lasts. 

Sole paragraph.— The Federal Executive can exempt from 
the tax established by article 9 of this law all inventors of dis- 
coveries or industrial products worthy of this protection in 
its opinion. 

Art. 11. Whoever has obtained a patent can express the 
circumstance in his advertisements or trade marks without this 
fact being held as a guaranty from the Government as to the 
quality of the production, or as to the priority of the invention 
or discovery, or to hold good against the better right of a third 
party. 

Art. 12. Whoever has obtained a patent in a foreign country 
for an invention or discovery can also obtain it in Venezuela, 
provided another person has not already obtained it. 

Sole paragraph.— In the latter case the patent will only be 
granted for a lapse of time equal to that lacking for the expi- 
ration of the patent granted in the other country. 

Art. 13. When the term for which a patent has been granted 
expires, the description of the discovery or invention to which 
it refers shall be published in the Official Gazette, and from 
that date it can be freely worked, as also the manufacture or 
sale of the products of industry which was guaranteed by the 
patent. 

Art. 14. The same publication shall be made when, after 
granting a patent, it becomes extinct before being put into 
practice, according to article 6 of this law, or when it be de- 



564 Venzuela 

clared null and void before the time dne, except in the first case 
of article 18. 

Art. 15. The descriptions, drawings, and samples attached 
to petitions for patents shall be deposited in the fomento de- 
partment. 

Art. 16. The Federal Executive, after receiving an applica- 
tion for a patent, shall order its publication in the Official Ga- 
zette, and in case the patent be granted, it shall only be issuecf 
thirty days after its publication. 

Art. 17. Inventions, improvements, and new industries whicK 
are a menace to public health and public security, or against 
morality or previously acquired rights, can not be patented. 

Sole paragraph. — Nor can patents be granted for medicines, 
compositions, or drugs of any kind or shape, these being subject 
to special laws and regulations. 

Art. 18. Besides the cases of article 6, patents granted shall 
be of no value when a decision of the Federal courts declares 
them as conflicting with the rights of a third party, and when 
the new industry patented ceases to be Avorked consecutively 
during a whole year, except in fortuitous cases or cases of 
superior force. 

Art. 19. Damages against property guaranteed by a patent 
shall be decided by the corresponding codes in the Federal 
courts of justice. 

Art. 20. The law on this subject promulgated on May 25, 
1878, is hereby repealed. 

Given in the palace of the Federal legislative council, in 
Caracas, on May 25, 1882, nineteenth year of the law and 
twenty-fourth of federation. 

TRADE MARK LAW. 

[May 18, 1877.] . 

The Congress of the United States of Venezuela decrees: 
Article 1. Any person or company domiciled in the Re- 
public, and any corporation created by national authority or 
by the Federal States or Territories, as well as any person, com- 
pany, or corporation domiciled in a foreign country in which, 
by virtue of a treaty or agreement, Yenezuelans have the same 
or analogous rights as those granted by this law, can obtain 



V'enzuela 565 

protection or guaranty covering any legitimate trade or com- 
merce mark for the use of which an exclusive right has been 
granted, or the adoption or use of which is desired for this pur- 
pose, provided the requirements of the present laAV have been 
complied with. 

Art. 2. Any person desiring to obtain official protection for 
a trade or commerce mark shall file before the minister of 
fomento a petition on sealed paper of the seventh class, express- 
ing the name of the interested person, his residence and busi- 
ness domicile; the kind of article or merchandise covered or 
intended to be covered by the trade or commerce mark, the 
peculiar description of the articles or objects included in the 
class covered or intended to be covered by the trade mark; a 
description of the same, with facsimiles in which can be seen its 
application and use, and, finally, the time during which the 
trade mark has already been in use, in case that it should not be 
the first time that its use or application is petitioned for. 
~ Art. 3. Said petition shall be signed by the interested per- 
son, or by the person representing him, provided he can show 
a power of attorney in due form from the owner or owners of 
the trade mark, also stating in ^vriting that the person peti- 
tioning for the trade or commerce mark has the right to use it, 
and that said trade mark does not resemble any other anal- 
ogous one already registered, so that it could not be mistaken 
for it and thus deceive the public. The interested party shall 
also assert that the aforesaid description or facsimiles which 
are to be registered in the corresponding book are exact copies 
of the trade mark for which protection is asked. 

Art. 4. The minister of fomento can not receive or register 
a trade or commerce mark which is not and can never be a law- 
ful mark, or which is merely the name of a person, company, 
or corporation not accompanied by a mark sufficient to distin- 
guish it from the same name when used by another person, or 
that the mark be equal to another covering the same class of 
objects and belonging to another person, or that the said mark 
be registered or presented to be registered, or that it be so much 
like the last-mentioned trade mark that it can be easily mis- 
taken for it and thus deceive the public. 

Art. 5. When any trade or commerce mark is submitted to 
the department of fomento to obtain the protection which this 



566 Yenzuela 

law grants, the date of submittal shall be recorded and regis- 
tered, and copies of the trade mark, with the date of its presen- 
tation and of the petition addressed to the minister of foment o, 
sealed with seal of the department and certified by the minister, 
shall be considered sufficient proof in case a controversy should 
arise as to priority for the use of the trade mark. 

Art. 6. When the established provisions have been complied 
with, the National Executive, through the department of fo- 
mento, shall issue to the interested party, provided there be no 
opposition from a third party, a certificate in national sealed 
paper of the third class, which the iriterested party is to provide, 
in which it shall be declared that said person is the proprietor 
of the trade or commerce mark registered with all its specifica- 
tions. Said certificate, which shall be sufficient title for the 
registrar, shall be signed by the minister of fomento and sealed 
with the seal of the ministry. 

Art. 7. The exclusive right for the use of all trade or com- 
merce mark registered and certified in the above-mentioned man- 
ner shall be in complete legal force for a term of thirty years, 
to be reckoned from the date it was registered, with the excep- 
tion of the case when the mark covers articles manufactured 
abroad, and in which the same mark is protected, according to 
the law of a foreign country, for a shorter period; then the 
mark registered by virtue of this law shall cease to enjoy the 
official protection Avhich it grants at the same time when pro- 
tection granted by the foreign law ceases. 

Art. 8. All trade marks registered in the aforesaid manner 
shall empower the person, company, or corporation who has 
registered them to use them exclusively, provided the objects 
or merchandise be substantially of the same properties and con- 
ditions as those described and consigned in the registry. 

Art. 9. During six months prior to the expiration of the 
term of thirty years the petitioner can ask for the renewal of 
the registry of any trade or commerce mark, and this shall be 
granted under the same conditions as when first given, in a 
title written on sealed paper of the same class as formerly. 
The duration of this registration shall be for thirty years, as in 
the first case. 

Art. 10. No person can legally claim the exclusive right to 
a trade mark which is used or is intended for use in unlawful 



Venzuela 567 

trade, or for an object noxious in itself, or for a trade mark 
which has been obtained by fraud, or which has been formed or 
used with a view of deceiving the public when buying or sell- 
ing any merchandise. 

Art. 11. Any person endeavoring to obtain, personally or 
through some one else, the registration of any trade or com- 
merce mark, or who may petition the fomento department for 
anything which bears on this subject, by means of false or 
fraudulent representations or declarations in words or writing, 
or by any other fraudulent means, shall be subject to the 
penalties established by the criminal code, notwithstanding 
which the third party has always a right of claim for damages. 

Art. 12. Any person found reproducing, imitating, or copy- 
ing a registered trade mark, or using it on any merchandise 
containing the same properties and qualities as those described 
in the registry, is held answerable before the court for the 
damages caused by the illegal use of such a mark without 
being held free in cases of fraud from suffering the penalties 
established by the criminal code. 

Art. 13. All that which relates to the registry referred to 
in the present law shall be in charge of the section which has 
charge of privileges or patents in the fomento department. 

Art. 14. The section mentioned in the above article shall 
have two books for registry which shall be renewed each time 
that it be necessary, one for registering trade marks and the 
other for commercial marks, and a file is to be formed separately 
in every case. 

Art. 15. The National Executive shall establish the rules 
and regulations necessary for carrying out the present law, 
and shall publish every year in the respective report of the 
department the lithographed trade or commerce marks registered, 
and can give access to the registers to any person petitioning 
therefor, and allow the publication of engravings of said 
marks. 

Art. 16. Trade or commerce marks of foreign products or 
merchandise registered in other countries can also be registered 
in the fomento department, although there be no international 
treaties or conventions in existence on the subject, when the 
products or merchandise are of recognized utility in the Re- 
public in the opinion of the National .Executive. 



568 Venzuela 

Given and signed in the palace of the Federal Legislature at 
Caracas, on May 18, 1877, fourteenth year of the law and the 
nineteenth of federation. 



Appendices 569 

APPENDICES. 

APPENDIX A. 

ARGENTINE REPUBLIC, BOLIVIA, PARAGUAY, PERU, AND URUGUAY. 

These five Republics are here grouped as forming one class, 
because, in respect to patents of invention and improvement, 
they are bonded together by a treaty concluded by them on the 
16th of January, 1889, the provisions of which are as follows : 

"Article 1. All persons obtaining patents of invention in 
any of the signatory States shall enjoy in all of them the rights 
of inventor, if within one year, at the most, they cause their 
patents to be registered in the manner and form provided by 
the laws of the country where its recognition is desired. 

"Art. 2. The duration of the patent shall be governed by 
the laws of the country wherein it is to be put into practice. 
If in the country of its origin it is shorter than in the other, 
the duration of the patent in the latter may be reduced. 

"Art. 3. Questions on the priority of the invention shall be 
decided, taking into account the date of the application for the 
patent, in the country or countries wherein it was granted. 

"Art. 4. The following shall be deemed inventions or dis- 
coveries: All new processes, manual or mechanical apparatuses 
serving to manufacture industrial products; the discovery of a 
new industrial product; and the application of improved meth- 
ods for the purpose of securing results superior to those which 
are known. 

"The following shall not be patentable: 

"First. Inventions and discoveries already known in any of 
the signatory States, or in others not a party to this treaty. 

"Second. Those which are contrary to morals or the laws of 
the country where the patents are to be issued or recognized. 

"Art. 5. The rights of the inventor involve the power ol 
using the privileges and conveying them to others. 

"Art. 6. Infringements of patents shall be prosecuted and 
punished according to the laws of the country where they have 
been committed. 

"Art. 7. The simultaneous ratification of this treaty by all 



570 Appendices 

the signatory nations shall not be necessary for its being car- 
ried into effect. The nation which approves of it shall com- 
municate its approval to the governments of the Argentine Re- 
public and Uruguay, and they shall give information of the 
fact to all the other nations. This method shall take the place 
of an exchange of ratification. 

*'Art. 8. The exchange of ratifications having been made as 
provided in the foregoing article, the treaty shall remain in 
force for an indefinite period. 

' ' Art. 9. If any one of the signatory nations should desire to 
terminate the treaty, or to amend its provisions, it shall give 
notice thereof to the other nations; but the treaty shall not be 
terminated or amended until after the expiration of two years, 
to be counted from the date of the notice. During this period 
an effort shall be made to reach an agreement. 

''Art. 10. The provisions of article 7 are applicable to all 
the nations not parties to this treaty but willing to Join in it." 



Appendices 571 



APPENDIX B. 

TREATY ON PATENTS OF INVENTION, INDUSTRIAL 
DRAWINGS, AND MODELS AND TRADE MARKS, 
AGREED UPON BY THE SECOND PAN-AMERICAN 
CONFERENCE AND SIGNED AT THE CITY OF MEX- 
ICO, JANUARY 27, 1902. 

Their Excellencies the Presidents of the Argentine Republic, 
Colombia, Costa Rica, Chile, the Dominican Republic, Ecuador, 
Salvador, the United States of America, Guatemala, Haiti, 
Honduras, the United Mexican States, Nicaragua, Paraguay, 
Peru, and Uruguay, desiring that their respective countries 
should be represented at the Second International American 
Conference, sent thereto, cluly authorized to approve the recom- 
mendations, resolutions, conventions, and treaties that they 
might deem convenient for the interests of America, the fol- 
lowing delegates: 

For the Argentine Repuhlic.—H.is Excellency Antonio 
Bermejo, His Excellency Martin Garcia Merou, His Excellency 
Lorenzo Anadon. 

For Bolivia. — His Excellency Fernando E. Guachalla. 

For Colombia.— His Excellency Calos Martinez Silva, His 
Excellency General Rafael Reyes. 

For Costa Rica.— His Excellency Joaquin Bernardo Calvo. 

For Chile.— Ris Excellency Alberto Blest Gana, His Ex- 
cellency Emilio Bello Codecido, His Excellency Joaquin Walker 
Martinez, His Excellency Augusto Matte. 

For the Dominican Bepuhlic. — His Excellency Federico 
Henriquez y Carvajal, His Excellency Luis Felipe Carbo, His 
Excellency Quintin Gutierrez. 

For Ecicador.— His Excellency Luis Felipe Carbo. 

For El Salvador.— His Excellency Francisco A. Reyes, His 
Excellency Baltasar Estupinian. 

For the United States of America.— His Excellency Henry 
G. Davis, His Excellency William I. Buchanan, His Excellency 
Charles M. Pepper, His Excellency Yolney W. Foster, His 
Excellency John Barrett. 



S72 Appendices 

For Guatemala.— Hi^ Excellency Antonio Lazo Arriaga, His 
Excellency Col. Francisco Orla. 

For Haiti.— His Excellency J. N. Leger. 

For Honduras.— His Excellency Jose Leonard, His Ex- 
cellency Fausto Davila. 

For Mexico.— His Excellency Genaro Eaigosa, His Excellency 
Joaquin T>. Casasiis, His Excellency Jose Lopez-Portillo y 
E-ojas, His Excellency Emilio Pardo jr., His Excellency Pablo 
Macedo, His Excellency Alfredo Chavero, His Excellency 
Francisco E. de la Barra, His Excellency Manuel Sanchez 
Marmol, His Excellency Rosendo Pineda. 

For Nicaragua.— His Excellency Luis F, Corea, His Ex- 
cellency Fausto Davila. 

For Paraguay.— Hi& Excellency Cecilio Baez. 

For Peru.— His Excellency Isaac Alzamora, His Excellency 
Alberto Elmore, His Excellency Manuel Alvarez Calderon. 

For Uruguay.— His Excellency Juan Cuestas, 

Who, after having communicated to each other their re- 
spective full powers and found them to be in due and proper 
form, excepting those presented by the representatives of Their 
Excellencies the Presidents of the United States of America, 
Nicaragua, and Paraguay, who act "ad referendum," have 
agreed to enter into a treaty on patents of invention, industrial 
drawings and models, and trade marks, in the following terms: 

Article 1. The citizens of each of the signatory States 
shall enjoy in other nations the same advantages granted by 
them to their own citizens in regard to the trade marks of com- 
merce, or of manufacture, to the models and industrial draw- 
ings, and to patents of invention. 

Consequently, they shall have the right to the same protec- 
tion and to identical remedies against any attack upon their 
rights. 

Art. 2. For the purpose of this treaty, foreigners domiciled 
in any of the signatory countries, or who may have in them an 
industrial or commercial establishment, shall be considered the 
same as citizens. 

Art. 3. Patents of invention and those of industrial draw- 
ings and models, as well as of trade marks of commerce or 
manufacture, granted in the country of their origin, may be 
imported to the other signatory States for registration and 



Appendices 573 

publication, as may be required by the laws of the respective 
countries, and they shall be protected in the same manner as 
those granted in the State itself. This provision does not re- 
move the obligation imposed by national laws requiring the 
privileged articles to be manufactured in the country enact- 
ing such laws. 

Art. 4. The consular agents of the nation to which belong 
or wherein reside the owners of patents, drawings, models, or 
trade marks shall be considered as the legal representatives 
of said owners for the purpose of complying with the formal- 
ities and conditions established, in order to present the appli- 
cation and secure the filing of said patents, drawings, models, 
or trade marks in the country wherein it is intended to use 
them. 

Art. 5. The country in which th^ grantee has his principal 
establishment or domicile shall be considered as the country 
of origin. 

In case that he should not have any such establishment in 
any of the signatory countries, that State of the signatory 
nations of which the claimant is a citizen shall be considered 
as the country of origin. 

Art. 6. For the purpose of preserving the right of priority 
of patents of invention, models, or designs, and of imported 
trade marks, a term of one year is granted as to the former, 
and of six months as to the latter, to be counted from the date 
of their having been originally issued, for the presentation of 
the application of the same to the respective authority of the 
country into which the patent right is to be imported. 

Art. 7. All questions which may arise regarding the priority 
of an invention and regarding the adoption of a trade mark 
shall be decided with due regard to the date of the application 
for the respective patent or trade mark in the countries in 
which they have been granted. 

Art. 8. The following shall be considered as inventions: 
Any new method of manufacturing industrial products; any 
mechanical or manual apparatus which may be used for the 
manufacture of said products; the discovery of any new in- 
dustrial product, and the application of improved methods for 
the purpose of producing results superior to those already 
known. The drawings and models of manufacture are subject 



574 Appendices 

to the rules of inventions and discoveries in all that does not 
apply specially to the latter. 

The signs, emblems, or special names that merchants or 
manufacturers may adopt or apply to their goods or products 
in order to distinguish them from those of other manufacturers 
or merchants who deal in articles of the same kind shall be 
considered as trade marks of commerce or manufacture. 

Art. 9. No patent shall be granted with respect to the fol- 
lowing: 

I. Inventions and discoveries which may have been pub- 
lished in any country, whether it be a party to this treaty or 
not. 

II. Those that are contrary to m^orals or to the laws of the 
country in which the patents o£ inventions are to be granted 
or recognized. 

Art. 10. Trade marks of commerce or manufactures which 
are in the class provided for in Paragraph II of the foregoing 
article are likewise barred from being granted or recognized. 

Art. 11. The ownership of a patent of invention or of a 
trade mark involves the right to enjoy the benefits of the one 
or the other, and the right of assignment or transfer. 

Art. 12. The number of years of the patent right shall be 
that which the laws of the country in which it is desired to 
make them effective may establish. Such term may be limited 
to that established by the laws of the country in which the 
patent of invention was originally granted, if the latter should 
be shorter. 

Art. 13. The civil and criminal responsibilities which those 
who injure the rights of inventors incur shall be prosecuted 
and punished in accordance with the laws of the country iii 
which the injury has been committed. 

The falsification, adulteration, or unauthorized use of trade 
marks of commerce and manufacture shall likewise be prose- 
cuted in accordance with the laws of the State in whose terri- 
tory the infringement has been committed. 

Art. 14. The declaration of nullity of a patent or trade 
mark made in the country of its origin shall be communicated 



Appendices 575 

in an authentic form to the other signatory countries, so that 
they may decide in an administrative manner regarding the 
recognition which may be solicited for the respective patent 
or trade mark granted in the foreign country, and as to what 
effect such declaration is to produce with regard to the patents 
or trade marks previously imported into said countries. 

Art. 15. The treaties on patents of invention and trade 
marks of commerce and manufacture previously concluded by 
and between the countries subscribing the present treaty sliali 
be substituted by the present treaty from the time of its being 
duly perfected, as far as the relations between the signatory 
countries are concerned. 

Art. 16. The communications that the Governments which 
may ratify the present treaty shall address to the Government 
of Mexico for the purpose of making them known to the re- 
maining contracting countries, shall be considered equal to 
the customary exchange of ratifications. The Government of 
Mexico shall likewise communicate to them its ratification '»f 
this treaty, if it should resolve to ratify the same. 

Art. 17. The exchange of copies in the form of the fore- 
going article having been made by two or more countries, this 
treaty shall take eft'ect thenceforward for an indefinite time. 

Art. 18. In case any one of the signatory powders should 
desire to withdraw from this treaty, it shall make its abroga- 
tion known in the manner prescribed in article 16, and the 
effect of this treaty, as far as the respective nation is concerned, 
shall cease one year from the date of the receipt of the re- 
spective communication. 

Art. 19. The countries of America that may not have 
signed this treaty originally may adhere to the same in the 
manner prescribed by article 16, 

In testimony whereof the plenipotentiaries and delegates 
sign the present treaty and affix thereto the seal of the Second 
International American Conference. 

Made in the City of Mexico this 27th day of January, 1902, 
in three copies, written in Spanish, English, and French, re- 
spectively, which shall be deposited at the Department of 
Foreign Relations of the Government of the IMexican United 



576 



Appendices 



States, so that certified copies thereof may be made, in order 
to send them through the diplomatic channel to the signatory 
States. 



Antonio Bermejo, 
Lorenzo Anadon, 
Fo7 the Argentine Republic. 

Fernando E. Guachalla, 

For Bolivia. 

Rafael Eeyes, 

For Colomhia. 

J. B. Calvo^ 

For Costa Rica. 

AuGUSTO Matte, 
JoAQ. Walker M., 
Emilio Bello C, 

For Chile. 

Fed. Henriquez i Carvajal, 
For the Dominican Republic. 

L. F. Carbo, . 

For Ecuador. 

Francisco A. E-eyes, 
Baltasar Estupinian, 

For El Salvador. 

Francisco Orla, 

For Guatemala. 



J. N. Leger, 

For Haiti. 
J. Leonard, 

F. Davila, 

For Honduras. 

G. Raigosa, 
Joaquin D. Casasus, 

E. Pardo, Jr., 

Jose Lopez-Portillo y Rojas, 
Pablo Macedo, 

F. L. DE LA Barra, 
Alfredo Chavero, 

M. Sanchez Marmol, 
RosENDO Pineda, 

For Mexico. 
F. Davila, 

For Nicaragua. 
Cecilio Baez, 

For Paraguay. 
Manuel Alvarez Calderon, 
Alberto Elmore, 

For Peru. 
Juan Cuestas, 

For Uruguay. 



INDEX 

Page. 

Appendices 569 

Argentine 1, 88 

Australia, CoMMON'v\Ti:ALTH of 1 

Austria 3 

Bahama Islands 5 

Barbados 5 

Basutoland 6 

Belgium 6 

Bermuda Islands 7 

Bolivia 7, 110 

Brazil 8, 123 

British East Airica 9 

British Guiana , 9 

British New Guinea 10 

British North Borneo 10 

British Honduras 11 

Bulgaria 12 

Canada 12, 168 

Cape Colony 14 

Central Africa Protectorate 14 

CeyijON 15 

Channel Isi-\nds 15 

Chili 15, 219 

China 16 

Colombia 16, 225 

Congo Free State 17 

Costa Rica 17, 232 

Cuba 18, 241 

Curacao 18 

Cyprus 18 

Danish West Indies 19 

Denmark 19 

Dominican Republic 285 



ii Index 

Dutch East Indies 20 

East Africa Protectorate 20 

Ecuador 21, 286 

Egypt 21 

Expiration of Patents 67 

Falkland Islands 22 

Fiji Islands 22 

Finland 23 

France 23 

Germany • • • • • • . • 25 

Gibraltar 26 

Gold Coast Colony 27 

Great Britain 27 

Greece 29 

Grenada 29 

Guatemala ... 30, 296 

Haiti 314 

Holland 30 

Honduras 30, 315 

Hong Kong 31 

Hungary 31 

Iceland 32 

India 32 

International Convention 69 

Italy 34 

Jamaica 35 

Korea , • • • • ; ; • 37 

Lagos 37 

Leeward Islands 38 

Liberia 38 

Luxembourg 39 

Malta and Gozo . . . • 39 

Marking Articles PxVtented 87 

Mauritius 40 

Mexico 40, 319 

Mysore , 41 

Natai 41 

Negri Sembilan 42 

Newfoundl,^nd , ■ 42, 378 



Index iii 

New Zealand 43 

Nicaragua 43, 408 

Northern Nigeria 44 

Norway 45 

Oman 45 

Orange River Colony 46 

Pahang 46 

Panaivia 47, 413 

Panama Canal Zone . . 47 

Paraguay 47, 414 

Perak 48 

Peru 48, 421 

Philippine Islands 49 

Porto Rico 49 

Portugal 49 

Portuguese Coi-onies 50 

Rhodesia 50 

Roumania 51 

Russia 51 

San Salvador 52, 433 

Santo Domingo , 53 

SxVNTA Lucia 53 

St. Helena 54 

St. Vincent 54 

Selangor 55 

Servia ' 55 

Seychei-les 56 

SiAM 56 

somaliland protectorate 56 

Southern Nigeria 56 

Spain 57 

Straits Settlement 58 

Sudan 58 

Surinam or Dutch Guiana 58 

Sweden 59 

Switzerland 60 

Time for Filing Applications 67 

Transvaal 61 

Trinidad 62 



iv Index 

Tunis , 62 

Turkey 62 

United States 63, 443 

Uruguay 64, 542 

Venezuela 65, 561 

Wei-Hai-Wei 65 

Who May Apply in Pj^ace of the Inventor 68 

Zanzibar 65 

zululand 66 



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